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30th CoNGRiss, [SENATE.] Rep. Com., 

1st Sesision. No. 99. 

IN SENATE OF THE UNITED STATES. 



March 21, 1848. 
Submitted, considered, and agreed to. 



V Mr. Johnson, of Louisiana, made the following 

REPORT : 

The Committee on Private Land Claims^ to whom was referred the 
memorial of the Very Rev. Benedict Madeore, vicar general of 
the Catholics of Florida^ and pastor of the Catholic church of St. 
Augustine, in Florida; and to whom was also referred the memo- 
rial of the trustees and memhers of the Catholic church of St. 
Augustine^ report: 

That both these memorials are upon the same subject, and pray 
the same relief, and were presented together to obtain the action of 
Congress, for the mutual benefit of the memorialists. 

It is alleged by them, that on the transfer of the province of east 
Florida, under the treaty with Spain, of 1819, which transfer took 
place at St. Augustine, in 1821, certain real estate and buildings, 
which of right belonged to the Catholic church of East Florida, 
were taken possession of by the United States, as being public pro- 
perty of the crown of Spain, and, by the treaty, transferred to the 
United States. This property comprises what is now called the 
military barracks, and the barracks lots, and other lots in said city 
particularly described in the documents filed with the petitions! 
These barracks are now used by the United States for military pur- 
poses, and are of considerable value. Other buildings could not 
be erected to supply their place, and answer the purposes for which 
they are used by this government, it is supposed, for a sum less 
than sixty thousand dollars. Large sums, it is understood by the 
committee, have, since the transfer in 1821, been expended upon 
them to keep the buildings in good order and repair. Prior to the 
cession, the barracks had been occupied by the troops of the Span- 
ish garrison always kept at St. Augustine, and they were so oc- 
cupied at the time of the cession; but it is alleged by the memo- 
rialists that such occupation was not because they were claimed or 
considered asthe property of the crown of Spain; and, on the contrary, 
it w'as with the consent of the rightful owners, (the church,) in con- 
sequence of the proper military barracks of the government of 
Spain, having been destroyed by fire. They allege the barracks, as 
they are now called, was a religious house, devoted to the purposes 



[99] 2 

of the missions of the Catholic church of Florida, and occupied as 
such, by religious orders of, and under the control and jurisdiction 
of said church, till such accidental destruction of the king's pro- 
per military barracks; when, without alienating their property in 
anywise, and for the convenience of the troops that were without 
quarters, and because there was no other proper building in the 
city, they voluntarily yielded their house to the government for such' 
purpose. They allege such occupation was not intended to be per- 
petual, but that it was contemplated it would be temporary only; 
and that annual equivalents for its use, of the character of rents, 
in contributions, by the Spanish government, for religious and cha- 
ritable purposes, under the management of the church, in that city, 
were always yielded. The memorialists expressly state that the 
owners did not part with their title to the property in question, to 
the Spanish government; and that the Spanish government never 
did, and never intended to dispossess them of their property, or to 
keep possession of it, except temporarily, and by and with their 
consent. They contend that the possession taken by the United 
States was under a different, but mistaken supposition. They main- 
tain, that the government officers, even if they examined the title, 
had no authority to decide it, and then^ by a conclusion that it was 
the public military property of the king of Spain; take possession 
of it for the United States, and turn the occupation by the 
Spanish garrison, which was that of mere tenants to the true owners, 
into a possession under an adverse claim of title. And, they insist, 
that the United States, having no more rights than the king of 
Spain, their tenant; and the possession of the United States being, 
therefore, a mere continuance of such tenantcy, neither by the com- 
mon law, nor by the civil law, can the United States contest their 
title. They assert that the continued retention of possession, by 
the United States, of this property, has been wrongful, and they ask 
its restoration, or a just recompense, to its value, be made to them; 
and that they be paid also for its use whilst the United States have 
so occupied it. 

If the circumstances of this case be correctly set forth, (and the 
documents filed give strong proof of their truth,) it' is a case of 
wrong, which the integrity and honor of this government demand 
should be promptly redressed. Not only the redemption of the 
plighted faith of the Confederacy, in the treaty with Spain, by 
which the Floridas were ceded to it, but a proper regard for the 
reputation of this government for justice, and the proper fulfilment 
of the duty of protection to every religious denomination, not 
merely in the free exercise of their religion, but in the enjoyment 
of their property dedicated to church purposes, according to their 
rules or canons, (if there is no error in the allegations of the me- 
morialists,) require the prompt action of Congress to repair the 
injury they have sustained from this government. It would be dis- 
creditable to this country, to retain possession of one foot of land, 
or any property, rightfully belonging to the Catholic church of Flo- 
rida, and which had been devoted to religious purposes, however 
great the inconvenience of yielding it up, or however expensive it 

,\^\ 



. 3 [ 99 J 

might be to replace it to the United States. To keep by force, 
and without right, a house erected by a religious denomination or 
community, and for religious or eleemosynary objects, and to ap- 
propriate such house to military purposes, would be an exercise of 
the power and prerogatives of this government, that the people of 
the United States would not countenance. 

The case should be strictly investigated; the documents thor- 
oughly examined, and proper measures taken to obtain accurate and 
authentic information as to all the facts, and then, right should be 
done. It is necessarily presented ex parte to Congress, by the me- 
morialists. It is out of the question for either House of Congress, 
or for a committee of either House, to decide properly on a case 
of this character, so presented. The proper law officers of the Uni- 
ted States, presumed to be cognizant of the title of the United 
States, and of the evidence to sustain it, or who can obtain that evi- 
dence, and lay it before Congress, for its consideration, should make 
the investigation suggested. 

The committee have examined all the papers, appended to the 
memorials, attentively. Some of the originals are in the Spanish 
language, and accompanied by v>^hat are stated to be copies of trans- 
lations. These translations are not, however, verified. The com- 
mittee recommend that the Secretary of the Senate be directed to 
cause said translations to be examined, and, if necessary, correc- 
tions made, and the same verified; and that the same, with the ori- 
ginals of all the papers, and the memorials, be printed for the use 
of the Senate. 

And the committee further recommend, that the said memorials 
and papers be referred to the Solicitor of the Treasury, and that he 
be directed to examine the same, and investigate said claim fully, 
and procure authentic copies of all documents and papers relating 
to said case, in the public departments and offices, and all other 
testimony that he can procure in relation to the title of the United 
States to said property, and communicate the same to the Senate; 
and make lull report as to the merits of such claim, as soon as prac- 
ticable, during the present session; and a resolution to that effect is 
reported accordingly: 

Resolved, That the memorial of B. Madeore, vicar general, and 
the memorial of the Trustees and members of the Catholic church 
at St. Augustine, Florida, and all the accompanying papers, he 
printed for the use of the Senate; and that the Secretary of the Se- 
nate cause the translations of papers filed, to be corrected and veri- 
fied, before the same are printed; and all said documents to be trans- 
mitted to the Solicitor of the Treasury, who is directed to examine 
the same, and investigate said case, and procure copies of all docu- 
ments and papers relating thereto, in the public departments or of- 
fices; and other testimony that he can obtain, relating to the title 
of the United States to the property claimed; and communicate the 
same to the Senate; and make report as to the merits of said case 
as early as practicable, during the present session. 



£ 99 ] 4 

To the honorable the Senate and House of Representatives of the 
United States of America^ in Congress assembled. 

The memorial of the Very Reverend Benedict Madeore, vicar 
general of Florida, and pastor of St. Augustine's church, 

HESPECTFULLY REPRESENTS : 

Tha'; before and at the time of the cession of the Floridas to the 
United States of America, by his Catholic Majesty the King of 
Spain, under the treaty of the 22d February, 1819, the Catholic 
£urch was the lawful and rightful owner of 

1. Saint Augustine's church; 

2. The convent of Saint Francis ; 

3. The bishop's house, and, 

4. The Church of our Lady of the Milk, 

That by the terms of the second article of the said treaty, all of 
the said property, being "private property," was reserved and 
excepted out of the property transferred to the United States ; 
and that by the terms of the fifth article of the said treaty, '' the 
free exercise of their religion, without any restriction," was se- 
cured to the inhabitants of the ceded territories, by which not only 
the right to worship Almighty God according to the dictates of 
their conscience, but also the right to retain and hold all of their 
.church property for the uses and purposes of their religion, was 
intended to be secured to the Catholics of Florida. 

Your memorialist further shews that, according to the usages 
and constitution of the Catholic church, as set forth in the de- 
crees, pars secunda, causa xvi, questio vii, and recognized by the 
council of Trent, sess. xxii. chap. 8, 9, and 11, churches and 
church property are generally held under the authority or control, 
that is, in the name of the bishop of the diocese, for the uses of 
Ihe church, each bishop being a corporation sole, in his particular 
diocese ; which rule of discipline of the church hath been sanc- 
tioned in several of the States of this union, and particularly in 
IVTaryland, by act of 1832, chapter 308. 

That this law of the church was always recognized by the 
Spanish government, the king being the protector of the church 
in the new world, and having caused an episcopal see to be ap- 
proved by the Pope for the city of Havana, in the island of Cuba, 
whose jurisdiction extended over and included the Floridas. 

That the order of the Franciscans was established in Florida, at 
the invitation of the bishop, to serve the missions there, with the 
approval of the Pope, the council of the Indias, and the king, and 
it was called the mission of St. Helena) the head-quarters being 
the Convent at St. Angustine. 

That the said convent property was placed in the possession of 
the Franciscans, /or the time that they should, under the direction of 
ihe bishop, serve the missionSy but the "right of property" was ai- 
rways reserved to the bishop, for the uses of the catholic church of 
Jbis diocese. It was kept in repair with the eccleisastical revenues, 



5 [ 99 ] 

and not by the order of Franciscans. In the year 1764, when the 
Floridas were in the possession of the British, the convent, and 
the bishop's house, were sold without mention of the Order of the 
Franciscans, and purchased in private trust for the benefit of the 
true owners, and when the Floridas were again under the Spanish 
dominion, the convent was occupied by the missionaries who at- 
tended the mission, as church property, under the control of the 
bishop, to return to his direction, whenever for any cause the mis- 
sionarfes should cease to attend the missions. 

In the confusion which occurred upon the cession of the Floridas 
by Spain to the United States, a part of this church property, was 
taken into the possession of other than the legal and equitable 
owners, and has so remained out of the possession of the Catholic 
body to the present time. It is well here to remark, that this 
misapplication of the private property of the Catholic body of the 
Floridas, and diversion from its proper uses, may have arisen in. 
part from a mistake as to its true ownership; from the fact, that 
the convent was at the time occupied by the king's garrison and 
troops; but this teynporary occupation ol the church property by 
the military under the civil power, was entirely with the consent 
of the bishop, which consent was given because of the destruction 
of the king's barracks by fire, and was never claimed as of right. 
The explanation will be found more at large in the documents 
which accompany this memorial. 

Your memorialist presents this his memorial, in his official ca- 
pacity, as ecclesiastical Charge, or vicar general of Florida, and in 
conjunction with the memorial of the catholics of the territory 
assigned to his charge; and he most respectfully prays, that your 
honorable body will, by act of Congress, provide for and direct 
the restoration of his church property so wrongfully withheld, or 
make such other compensation therefor, as in your wisdom may 
seem meet and proper; and your memoralist is prepared with pro- 
per documentary and other evidence to substantiate his claim, 
when, &c. And as in duty bound he will ever pray. 

BENEDICT MADEORE. 

[Feb. 8, 1848. Referred to the Committee on Private Land Claims.] 



To the Senate and House of Representatives , in Congress assembled. 

The undersigned, the Trustees and the members of the Catholic 
church of St. Augustine, in conjunction with its vicinity, beg 
leave 

aESPECTFULLY TO REPRKSENT: 

That a large amount of valuable property belonging to the said 
church, of which a description will be found in the documents 
herewith sent,- was, at the time of the cession of the Floridas, in 
1821, to the United States, either through a culpable negligence, 
or a wilful disregard of the claims of its rightful owners, included 
in with the lots and btiildings, and other public property, delivered 



[99] 



^ 



•over to the United States government, by the Spanish authorities at 
ihe above period. 

Your memorialists, therefore, relying on the generous toleration 
and equitable principles professed, and hitherto so nobly acted on, 
l>y the American government and people, herewith submit to your 
honorable body, the claims, and the proofs that establish their 
claims, to the property in question, and confidently trust to your 
justice, for a restitution of their rights. The urgent wants of the 
church, and the aggravated character of the wrong of which it 
complains, induce the undersigned, respectfully, to request the 
early attention of your honorable bodies to their claims, or the ob- 
jects of tnis memorial, and to press for an early decision upon the 
same. And your memorialists, as in duty bound, will ever pray. 

JOHN M. FONTANE, 
President board of Wardens, R. C. C. of St. Axigustine. 



Pedro Benet, 
Francis P. Ferreira 
Jose E. Pomar, 
Thomas Andrew, 
Antonio J. Noda, 
Jos. S. Sanchez, 
Manuel Crespo, 
Antonio Solana, 

F. Bridier 
Andres Papy 
Cristobal Bravo 
Henry Thomas 
Joseph P. Delespine 
Rophina Pallicier 
Rosa Leonardy 
Rosalia Leodardy 
Luciana Leonardy 
Jane Leonardy 
Jane N. Lacy 

Theodosia A. M. Leonardy 
Laurean Munson 
Raphaela Usina 
Genobeba Usina 
Catalina Solana 
Enlogia S. Rosrero 
Josefa Papy 

Ana Papy 
Lasdila Reyes 

G. N. Papy 
M. Papy 
John Canovas 
Antonio Canovas 
Antonia P. Marin 
Rosalia Marin 
Geroniraa Solana 



1 • 

I Wardens 



R. C. C. of St. Augustine. 

Isabella Marin 
John Pallicier 
Rophina B. R. Pallicier 
Florentina Pallicier 
Florrene Pallicier 
Ciliclono Pallicier 
Mary Pallicier 
Venancio Sanchez 
Fred'k. Houghton 
Alonzo A. Bravo 
Manuela Bravo 
A. B. M. Pacetty 
C. P. Sanchez 
M. H. Rogero 
Malana Papy 
Virginia Papy 
Mathias Papy 
Ann Llambias 
Barbara Llambias 
Chas. Haagar 
Florencia Haagar 
Domineja Lopez 
Mary Solana 
Angelina Solana 
Isabella Thynne 
Frances Solana 
Ma'ry R. Solana 
Jane Purvis 
Sarah Purvis 
Lorenzo Purvis 
Benansio Purvis 
John Rogero 



[99] 



Manuela Rogero 
Ramon Rogero 
Lauriana Ferreira 
Gabriel Pomar 
Mariana Pomar 
Margarita Pomar 
Maria Usina 
Jane Bugell 
Mary Andrew 
Joseph Andrew 
Petronilo Lopez 
Malana Lopez 
Bartolome Lopez 
Vicente Pacetty 
Margaret Pacetty 
Betruna Pacetty 
Mary Pacetty 
Mary Rogero 
Mary Canovas 
Landreu Andrew 
Antonio Rogero 
Anthony Pomar 
Mary Pomar 
Antonio Lopez 
Juana Triye 
Francis Triye 
Bartolo Pacetty jr. 
Bartolp Pacetty sen. 
Louisa Pacetty 
Rafaela Bayar 
Jane Bayar 
Dolores Bayar 
M. Fermina Garey 
Fecla I. Pacetty 
Merced B. Pacetty 
Rosalia Reyes 
Foustina Pacetty 
Mary Reyes 
Mary Ponce 
Mary Reyes, jr. 
Antonia Pallicier 
Clementine Sabate 
Mary Sabate 
Antonia Sabate 
Marcella Sabate 
Leonardes Palicier 
Anthony Palicier 
Juana A. Andrew 
Juan A. Andrew 
Margarita Pomar 
Rafaela GofF 
Ana M. Goff 



Jane GofF 
Francis Pallicier 
Thom Pallicier 
Jane Hernandes — 
Antonia Hernandes 
Mary Hernandes 
Diego Hernandes 
Diego Hernandes sen. 
Mary N. Avice 
Caroline Avice 
Alexander Avice 
Beatrice Pallicier 
Merceul Zelhmbar 
Mary Andrew 
Mary Andrew 
Honora Andrew 
Ildelfonso Andrew 
Mary Norris . 
Pedro Capella 
Catherine Capella 
Catherine Capella jr. 
Anastasio Capella 
Hulia Capella 
Joseph Benet 
Maria C. Benet 
Clara E. Hurlburt 
Antonio Hitchcock 
Esteban Arnau 
Margarita D. Arnau 
John Carreras 
Francisco Carreras 
Gasparito Carreras 
Maria Carreras 
Antonica Lorenso 
Mary Manusy 
Paula Ferreira 
Joseph Lopez 
Jane Lopez 
Paul Arnau 
Catherine Leonardy 
Catharine Leonardy, jr. 
Roque Leonardy 
Sabina Leonardy 
John liconardy 
Mary Lopez 
Jane Lopez sen. 
Fernanda Oliveros 
Gabriel Maestro 
Agraphina Cercoply 
Fredrica Cercoply 
Clara Cercoply 
Peter Copy 



t99] 



8 



Thomasine Hogan 
Manuel Andrew 
Gastina Andrew 
Francisca Andrew 
Juan Andrew 
Geronimio Andrew 
John Andrew 
Bartolo Segui 
Margarita Segui 
John Capo 
Mary Capo 
John Capo 
Benansia Capo 
Cloudia Capo 
Rafaela Cammei 
Jane Cammei 
Catherine Cammei 
Mary Pacetty — . 
Domingo Cercopoly 
Antonia Manusy .^. 
John Segui 
Jane Segui 
Jose Bayar 
Catalina Bayar 
Joseph Manusy 
Juana Manusy 
Magarita Martin 
Juana Manusy, jr. --; 
Joseph Manusy jr. 
Maria Manusy 
Felix Manusy 
Manuel Manusy 
Diego Hernandez 
Juliana Hernandez 
Antonio Andreu 
Maria R. Andreu 
Antonio Lopez 
Maria Lopez 
Martina H. Pomar 
Gabriel Capo sen. 
Margaret Capo 
Jose Capo 
Gabriel Capo jr. 
Malina Capo 
Andres Pacetty 
Sally C. Mason 
Maria T. C. Mason 
Ann Mason 
Elizabeth Smith 
Matilda Mason 
Frances Lloyd 



Malina Hernandez 
Joseph Andreu 
Joseph Pacetty 
Juana Benet 
Rafael Benet 
Francisca Gonzales 
Antonio Andreu 
Seyerina C. Andreu 
James Hernandes 
Dominge J. Hernandez 
Anna Hernandez 
Estanislada T. Benet 
Maria C. Benet 
Antonia Alvarez 
Jacob Toras 
Joseph Barbara 
Frances Hernandez 
Demetrio Salas 
Frances Salas 
Andres C. Pacetty 
Catalina A. Pacetty 
Eml. J. Medicis -^ 
Josephine Medicis 
Juan S. Pacetty 
Fecla Y. Pacetty 
Petronilo R. Lopez 
Mary I. Lopez 
Catalina Aguiar 
Eusebia Russell 
Eudorah Nelson 
Mary A. Cooper 
Victoria Cooper 
F. Weedon 
F. J. Weedon 
Wm. H. Weedott 
John M. Manusy 
Go. B. Weedon 
Jas. B. P. Haskins 
Ann M. Hernandez 
S. H. Williams 
Jeremiah Hallisy 
Richard Dillon 
Dennis Hallisy 
D. John Dioyre 
John Coloolle 
Ellen Dillon 
Francis Mone 
Zachariah J. Hogans 
Jane Rany Linsey 
Thomas Mone 
James Fagan 



[99] 



Joachim Roman Charles Summers 

Thos. H. Mone Camila C. Sanchez 

James Fagan Clara Gracesca 

John Hallisy Rafaela Papy 

Sarah Fagan Josefa Gue 

Charles Byrne Joseph Noda 

Henry Hartley Felicia Y. Mitchell 

Henry F. Hartley Leocadia Gomez 

Susanah Hartley John A. Rose 

Thomas Bowden Mary B. Rose 

John M. Bowden S. P. Anderson 

Mary Ann Bowden M. W. Beard 

Mary Z. Hogans William P. Haskins 

John M. J. Bowden M. A. Haskins. 



[ 99 ] ' 10 

( [seal.] 1 ( (stamp.) 1 

\ Isab. p. 1. g. de Dios y la Const. } \ Sello 3o.— As. 1846 y I 
[ Reyna de Esp. J ( 47. 2 Rs J 

Sor. Aid. Mayor 4o: 

Pbro. D. Benedicto Madeore, cura y vico gral. de la yga. de Sn. 
Augustin la Florida, respetuamte ante vs. dice: Que receutando 
p. a sa, yga. tener constancia autentica de la Cedula q.e inserta la 
adjunta obra titulada Cronica de la Orden de S. Franco, la cual 
le ha sido concedida p.r el actual Guardian del convento de esta 
ciudad, y se halla en la pag. J14 al numo. 177, asi como de la 
patente que le precede al p. 110, numo. 174, p. a q.e de ambos 
recados integros se le de testimo. en forma p.r uno, de los Escri- 
banos publicos con las desmas legalizciones de estilo, cree el ex- 
ponente indispensable la autorisacion judicial, afin de q.e se le 
ministre con la economica posible, toda la ver que se versa sobre 
el sevicio de una yga. pobre; en cuya virtud. 

A. V. S. supca. Se sirva acceder a lo q.e se solicita, acompananda 
la obra a q.e se contrae, q.e se le devolvera, en lo q.e recibia 
inerced. Haba. y Abril 9, de 1847. ^ 

BENEDICTO MADEORE. 

Haba., Ahril nueve de 1847. 

De se el testimo q.e se solicita en el orden q.e corresponde. 

PADILLA. 

Patente del reverendisimo padre, comisario general de Yndiasj 
Fray Bernardo de Salva, sobre los conventos de Bayamo y Cuba. 

Fray Bernardo de -^Salva, padre de la provincia de Cataluna, 
comisario general de las Yndias, con plenilud de potestad por 
nuestro reverendisimo padre fray Arcangelo de Mesina, ministro 
general de toda la Orden de nuestro padre San Francisco. 

Al padre fray Pedro Ruiz, sacredote y confesor, salud y paz en el 
Seftor. 

Habiendo algunos anos, que paso V. R. a la custodia de la 
Florida, tdcado de la centella del divino amor y lo del aprove- 
chamiento de las almas de aquellos infieles con Espiritu, y deseo 
de reducirlos, y traerlos al gremio de la Santa Madre yglesia 
Romana y conocimiento de la Fe Catolica, y de hacerles capaces, 
y obedientes a los mandamientos de Dios, con la confesion de los 
sacramentos, sacandolos de la ceguedad, y esclavitud del Demonioj 
y habiendo con su doctrina, cristiandad, y buen ejemplo hecho 
muchos servicios a nuestro Senor en aquella tierra, como por 



It J E99] 



( JSEAL.] 

j Isabel Second, by the grace of 
I God and the Constitution, 
( Queen of Spain. 



(SATMP.) 

3d stamp— 1846-'47. 
25cts. 



To the principal (4^^,) Alcalde or Judge: 

The presbiter Benedict Madeore, pastor and vicar general of the 
church of Saint Augustine, in Florida, respectfully sayeth: That the 
interest of his church requires an authenticated copy of the royal 
ordinance, which will be found inserted in the accompanying work, 
entitled, " Chronicle of the Order of Saint Francis," which has been 
conceded to him by the actual guardian of the convent in this city, 
and will be found on page 114, of number 177. In like manner, 
he requires a copy of the patent w^hich precedes the foregoing, 
found at page 110, number 174. 

Your petitioner believes it indispensably necessary that the judi- 
cial power should interpose and authorize true copies of both 
articles to be made out, with all the formalities required by law, 
by a public notary, to the end that it may be furnished with that 
economy usual in all cases where the service is rendered to a poor 
church. 

He begs that you will be pleased to accede to his solicitation, 
and that the accompanying work may be returned to him, for which 
favor, he will be obliged. 

BENEDICT MADEORE. 
"Havana, April 9, 1847. 

Give the copies required, with all the formality the law re- 
quires. 

PADILLA. 
Havana, Jipril 9, 1847. 

Patent of the most Reverend Father, commissary general of the 
Indies, Friar Bernardo de Salva, over the convents of Bahama and 
Cuba. 

Friar Bernardo de Salva, father of the province of Catalonia, com- 
missary general of the Indies, with full power through our most 
reverend father friar Archangel de Mesina, the general minister* of 
the entire order of our father St. Francis. 

To the father friar Peter Ruiz, priest and confessor, health and 
peace in the Lord. 

Some years have elapsed since your reverence went to take 
charge of Florida, being touched by a spark of divine love to seek 
the salvation of the souls of those infidels, and animated with a 
spirit and desire to bring them into the fold of our holy mother the 
Church of Rome, by making them acquainted with the Catholic 
faith, and thus make them capable of understanding and obeying 
the laws of ' God, acknowledging his sacraments, removing them „^ 
from the blindness and slavery of the devil, and having, by your 
doctrine, Christianity and good example, rendered many service* 



[99] 



12 



el leiones de personas fidedigans consta a por testimonio y car- 
tas del gobernador, Pedro de Ybarra; y habiendo venido a nues- 
tra preferencia para pedir, y suplicar a S. M. y a, su real consejo 
de las Yndias, que se doliesen de aquellas almas redimidas 
con la Sangre de Cristo, que por falta de ministros del Evan- 
gelio, pasan naufragio por la ignorancia de ley, perecen, y se 
mueren viejos sin sacrementosj y ninos sin el baptisimo; y 
atendiendo al grande afecto de animo, que V. R. hapuesto en la 
prosecucion de esta tan Santa obra, y a su miicha religion, celo, y 
prudencia en las cosas de observancia de nuestro estado, y pro- 
fesion, le handado licencia para llevar ciertos religioso, de los 
cuales por orden de S. M. le hemos hecho comisario, para que los 
que conocier ser a proposito para aquella tierra los lleve consigo, 
como por otra patente particular para esto consta. por tanto 
deseando el bien, y aumento de nuestra religion, y que las cosas 
de ella vayan de bien en raejor, y habiendo consultado con algunos 
religiosos de buena conciencia, y satisfaction practics en aquella 
tierra, y ultiraamente con los padres de la orden congregados de San 
Juan de los Reyes de Toledo, a catorce de Junio, de mil seiscientogy 
nueve; y habiendoles parecido no solo conveniente, pero muy del 
servicio de nuestro Senor, que el convento de la Habana, Santiago 
de la Ysla de Cuba, y el del Bayamo se tovasen al gobierno de este 
officio, por estar tan lejos de prelado, que les pueda mirar con 
propios ojos, y proveer de remedio en las cosas que lo pidieren, 
como estuvo en tiempo del padre fray Francisco de Guzman 
nuestro antecesor, y que asi para el bien particular de la religion, 
como por otros particulares, y justos respectos convenia, que los 
dichos conventos se juntasen con los de la Florida, y de todos se 
hiciese una y muy buena honrada custodia, que este inmediataraente 
aneja a este oficio, gobernandola de aqui, y proveyendola de prelados, 
y sudditos, y de todo lo que conviniere para la edificacion, aumento 
y conservacion, asi de lo corporal, como de lo espiritual; y que 
efectuandose esto, se conseguira conmas facilidad el fin deseado, 
que es la paz y concordia con los gobernadores, que por no haberla 
havido los anos atras, ban sucedido muchos inconvenientes, los 
cuales, cesaran con poder mudar un religioso de la Florida u la 
Habana, y se cobrara el buen nombre, y reputacion, Dios sera 
servido, el pueblo y tierra edificado, y la religion aprovechada, y 
que S. M. y su real consejo de las Yndias, tendran esto por mas 
acertado gobierno, y le sera grata la resolucion de este negocio, 
confiando raucho de su cristiandad, prudencia, y rectitud, y que 
bien, y fielmente haran lo que fuere servicio de nuestro Senor, y 



13 [ 99 ] 

to our Lord in that country, as appeareth from the information of 
many creditable persons, as well as from the letters of the governor 
Peter Ibarra, and having come to seek our preference to the end 
that we should invoke and supplicate his majesty and his royal 
council of the Indies to take pity upon, and compassionate the 
situation of those souls who, redeemed by the blood of Christ, are 
likely to suffer shipwreck for want of ministers of the Gospel 
to dispel their ignorance of the law, under which the aged die and 
perish without the sacraments, and the children without bap- 
tism. 

Taking into consideration the zealous spirit which animates your 
reverence in the prosecution of this holy work, your profound 
religion, and the prudence which you observe in everything relating 
to our State and profession; the liberty of carrying with you cer- 
tain religious persons, has been conceded to you, over whom we 
have made you commissary, by order of his majesty; you will, 
therefore, select such persons as you may deem proper for that 
duty, and take them with you, for which purpose another special 
patent shall be given to you. Desirous of the prosperity and 
advancement of our religion, and that everything appertaining 
thereto may proceed from good to better, we have consulted with 
some religious persons of good conscience and practical experience 
in the affairs of that country, and particularly with the fathers of 
the congregated order of St. John of Toledo, on the fourteenth day 
of June, one thousand seven hundred and nine; and it havinir 
appeared to them not only, but necessary to the service of our Lord, 
that the convents of Havana, St. Jago de Cuba, and the Bahamas, 
should be taken under the government, of which commissary, 
because they are distant from any prelate who may personally 
watch over them, and provide the proper remedies to such evils as 
may present themselves, as was the case in the time of father friar 
Francis Guzman, our antecessor. We esteem it convenient for the 
particular good of religion as well as for other particular and just 
reasons that the aforementioned convents should be united to those 
of Florida; and, from the whole thus united, a good and honored 
custody, or charge, should be formed, which shall be subject to 
this office, from whence it shall be governed and provided with 
prelates, subjects, and everything that may be necessary to the 
edification, augmentation, and conservation of it, both in a corporal 
and spiritual sense; this being effected, we will obtain, with more 
facility, the desirable object of restoring peace and concord 
between their different governors; among whom, for want of this 
measure, many differences have arisen, all of w^hich will cease with 
the introduction and exercise of power to remove religious persons 
from Florida to Havana, by which the good name and reputation of 
the diflferent?convents will berecovered,the service of God promoted, 
the people and country edified, and religion advanced. His majesty 
and his royal council of the Indies, will esteem this to be 
the best mode of government, and he will cheerfully ratify 
and confirm it. Confiding in your piety, prudence, and rectitude, 
that you will, well and faithfully, labor in the service of our Lord, 



[99] 



14 



descargo de nuestra conciencia en lo que toca al buen gobierno, y 
aprovechamiento de los Naturales; por la presente en la mejor 
forma, y manera, que podemos, y derecho devemos, nombramos, 
creamos, y elefimos a Vuestra Reverencia por custodio de la dicha 
nuestra custodia de Santa Elena de la Florida, a la cual desde 
luego unimos,.aplicamos, e incorporamos el convento de San Sal- 
vador de la Habana, Santiago de la Ysla de Cuba, y el del 
Bayamo: y porque en esta Santa obra Vuestra Reverencia no 
pierda el merecimiento de la Santa obediencia, por ella, en virtud 
del espiritu Santo le mandamos, que con los dichos siete religiosos 
se parta para alia, y segun la gracia, y talentos, que le ha dado 
nuestro Senor ejercite su oficio; y para que mejor lo pueda hacer, 
in utroque foro le damos toda nuestra auotoridad, sobre los conven- 
tos, y doctrinas de la dicha custodia, convienne a saber el convento 
de la concepcion de Nuestra Sefiora en la ciudad de San Augustin 
el convento de San Salvador de la Habana, el convento de Santiago 
de la Ysla de Cuba, el convento de Nuestro Padre San Francisco 
del Bayamo, el convento de Santa Catalina de Guale, el convento 
de la Ysla de San Pedro, el convento de San Juan del Puerto el 
convento de San Buenaventura de Guadalquivi, el convento' de 
Santo Domingo de Asao, el convento de San Antonio de Guadulce 
el convento de Santa Ana de Patano, y sobre todos los religiosos 
de ellos, asi subditos, como prelados, para' que en virtud de esta 
nuestra patente les pueda consolar, y acariciar, corregir, castigar 
ligar con censuras, y absolver de ellas, y encarcelar, y sacar de la 
carcel en casos leves con sola su autoridad, y en los graves con 
consejo de los Definidores, desterrar, y reducir, privar, suspender, 
y habilitar, recibir novicios en el convento de San Agustin, y en 
el de la Habana, y admitirlos a profesion; fundar conventos de 
nueyo, precediendo licencia de S. M. y de su real consejo de las 
Yndias, y de prelado obispo, 6 Arzobispo en las partes, y luo-ares 
donde entendiere, que sera mas conveniente. Hacer constituciones 
mudar Frailes de un convento a otro, dar Hcencias para ordenes) 
invocar capitulo a su tiempo, prcsidir en el, y hacer eleccion y 
selecciones de difinidores, guardianes, instituir confesores, y predica- 
dores, y los demas oficios, y hacer, disponer, y concluir todo lo 
que fuere necesario al buen gobierno de la dicha custodia, reforma- 
cion de lo caido, y conservacion de lo perfectoj aumento de la 
pura observancia de nuestro estado, y regla, teniendo gran adver- 
tencia, que en las doctrinas se pongan frayles de ejeraplo, y virtud 
y que a lo menos puedan confesar en la lengua, y lo principal sin 
codicia; pues los hijos de nuestro padre San Francisco tan agenos 
y limpios debemos estar de ella, guardando en todo lo ordenado' 
por el concilio Tridentino, y lo que disponen las constituciones 
gencrales de la orden, y las particulares de la custodia; y lo hace 



15 [ 99 ] 

and satisfy our conscience in regard to the good government and 
careful attention to the interests of the natives, we do, by these 
presents, in the best form and manner we can, and of right ought 
to do, nominate, create, and elect your reverence as director of our 
aforesaid custody, or charge, of St. Helen, in Florida, to which, 
from this moment, we unite, apply, and incorporate the convent of 
St. Saviour, of Havana, Santiago of the island of Cuba, Bahama, 
and, in order that your reverence may not lose the merit of, or be 
undeserving of that holy obedience which this work requires, we, 
by virtue of the Holy Ghost, command you to depart for that 
country with the seven religions persons mentioned, and there, 
according to the grace and talents with which God has endowed 
you, discharge your official duty. In order that you may better be 
enabled so to do, we give you, in utroque foro, all our authority 
over the convents and religious meetings comprised within the afore- 
mentioned custody, or charge, viz: The convent of the Conception 
of our Lady in the city of St. Augustine, the' convent of St. Saviour, 
in Havana, the convent of St. James, in the island of Cuba, the 
convent of our father St. Francis, in Bahama, the convent of St. 
Cataline, of Guadaloupe, the convent of the island of St. Peter, the 
convent of St. John of the Port, the convent of St. Bonaventure, of 
Guadalquiver, the convent of St. Dominick, of Asao, the convent of 
St. Anthony, of Guadulce, the convent of St. Ana, of Patano, and 
over all the religious persons contained therein, both subjects and 
prelates, to all of whom, by virtue of this patent, you can console, 
caress, correct, punish, bind and censure, and absolve them there- 
from, and to imprison and take them out of prison by your own 
authority in trivial cases and in grave cases, by and with the con- 
sent of your definitive councillors; to banish, and reduce, deprive, 
suspend, and restore; to receive noviciates in the convent of St. 
Augustine, and that of Havana, and admit them to profess. To 
found new convents, with the previous permission and license from 
his majesty and his council of the Indies, and with the consent of 
the prelate, bishop, or archbishop of the port or place understood 
to be most convenient. To make constitutions, to change friars 
from one convent to another, to give permission to take orders, 
to invoke a chapter at the proper time, over which you will pre- 
side, to make election or elections of definitive councillors, guar- 
dians, institute confessors and preachers, and all other officers. 
To do, dispose, and conclude all that may be necessary to the 
good government of the said custody, or charge, to the reformation 
of the fallen, and conservation of those who are perfect. To in- 
crease the rigid observance of our State and regulations. Having 
great care to place in all religious meetings, friars of the most exem- 
plary virtue, who may be able to hear the confession of penitents in 
their own language, and be particular that they be not avaricious, 
for the sons of our father St. Francis should eschew that vice, and 
keep themselves free and clean from it, observing, with exactitude, 
all that is ordered by the council of Trent, as well as all that is 
ordered by the general constitution of the order, and constitution 
of the particular custody, or charge, to which we belong. We 



[99] 



16 



raos a V. R. y a los religiosos de ella, inmediatos a Nos, y a 
iiuestros sucesores, sin que ningun superior inferior Nuestro se 
entreraeta en su administracion, y gobierno: para cuya debida 
ejecucion exortamos, y a mayor merito mandamos per Santa 
Obediencia en virtud del espiritu Santo, y pena de escomunion 
mayor al guardian, y frayles de nuestros conventos de la Habana, 
Ysla de Cuba, y del Bayamo, como el custodio, difinidores, y 
demas religiosos de nuestro convento de la Florida, obedescan a 
V. R. en todo y por todo, como a su legitimo prelado y custodio 
criado por Nos,, para la reformacion, bien, y aumento de la religion 
en la dicha custodia, sin que se ponga impedimento, ni estorvo por 
los provinciales de la provincia del Santo Evangelio de Mejico, 
Santo Domingo de Venezuela, por nuestros comisarios generale, 
ni por otra persona alguna, a los cuales, y a cada uno de ellos, 
mandamos por la misma Santa Obediencia, y sopena de escomunion 
mayor tengan los diclios conventos de San Salvador de la Habana, 
Santiago de la Ysla de Cuba, y San Francisco de Bayamo por 
desunidos, divididos, y separados de las dichas provincias, y por 
aplicados, unidos e incorporados a la dicha nuestra custodia de 
Santa Elena de la Florida con las Fundaciones, mandas, limosnas, 
que al presente tienen, y tuvieren de aqui adelante, y a V. R. por 
su prelado, y custodio, a quien, y a sus sucesores toca y pertenece 
el gobierno y administracion de ellos, y de lo demas de la dicha 
custodia. 

Dada en San Francisco de Madrid a diez y ocho de Noviem. 
bre de mil, seiscientos, y nueve anos, firmada con el sello mayor 
de nuestro oficio, y refrendada de nuestro secretario, fray Ber- 
nardo de Salva, comisario general de Yndias. 

Por manJado de Nuestro padre Reberendisimo; fray Diego de 
Cecilia, secretario. 



Cedula de su Magestad, para que los conventos de la orden fun- 
dados por otras provincias en la Ysla de Cuba, se den a la custodia 
de Santa Elena de la Florida. 

El Rey. Todos y cualesquiera mis jueces, y justicias de las 

islas, y provincias, que se compreenden en las Yslas de Bar- 

lovento, y demas partes de mis Yndias Occiden tales, y cada 

uno, y cualquiera de vos en vuestra jurisdiccion, Sabed que 

por parte del comisario general de las Yndias de la Orden de 

San Francisco, que reside, en mi corte, se me ha hecho relacion, 

que por causas, qiie a ello movieron, se acordo en la ultima 

congregacion general de su orden, que se tuvo en la ciudad 

de Toledo, que se hiciese una custodia de los coventos de las 

])rovincias de la Florida, y de la Ysla de Cuba, que antes eab^nts 

separados; que el cumplimiento de ello habia mandado poner en 

eiecucion por una patente suya dada en Madrid a diez y ocho de 

Noviembre del ano pasado de mil, seiscientos, y nueve, suplican- 

dome que para que esto pueda tener el buen efecto, que conviene, 

le mandase dar rai cedula, para que por vuestra parte lo favorecie- 



17 [ 99 ] 

make your reverence and those religious persons within said cus- 
tody, or charge, near or next to us and our successors, ^ ' will not 
permit any person, either superior or inferior to you, lo meddle 
with, or disturb, your administration, o* goverment* a ad, for the 
faithful observance of this, we exhort, or, to give more force 
we command, by virtue of the Holy Ghost, t^e perfect obedience 
under pain of excommunication, of the guardian and friars of our 
convent, in Havana, and island of Cuba, of tb^ Bahamas, as well 
as the director, or superintendent, of our convent in Florida, to 
the end that they obey your reverence in all and for all, as their 
legitimate director or superindendent created by us, for the good 
and augmentation of religion in and within the limits of said cus- 
tody, or charge. Nor shall- any impediment, or embarrassment, be 
offered to you by our provincial of the province of the Holy Evan- 
gelist of Mexico; nor by him of St. Dominick, in Venezuela- nor 
by our commissary generals; nor by any other person whatsoever* 
to all of whom we command by the same holy obedience, under 
pain of major excommunication; that they consider the aforesaid 
convents of the Saviour, in Havana, St. James, of the island of 
Cuba, and St. Francis, in Bahama, to be disunited, divided, and 
separated from their respective provinces; and applied, united, and 
incorporated to our said custody, or charge, of St. Helen in 
Florida; together with the foundations, commands, and alms, which 
they at present have, or may have hereafter,- and of which your 
reverence is the prelate, or director; to whom and to your suc- 
cessors it belongeth and appertaineth to administer upon and 
govern them, as well as everything else within the limits of your 
custody, or charge. 

Given in St. Francis, in Madrid, this eighteenth day of Novem- 
ber, one thousand six hundred and nine years, signed with the 
great seal of our office, and countersigned by our secretary friar 
Bernard Salva, commissary general of the Indies. 

By order of our most reverend father friar James Cecilia - 
Secretary. 



Royal order of his majesty to annex to the custody or charge of 
St. Helen, in Florida, the convents on the island of Cuba, which 
were founded by, and hitherto attached to, other provinces. 

The king, to all and every one of his judges and justices in the 
islands and provinces in the Windward Islands and other parts of 
his Indies in the west, to each and every one of you in your proper 
jurisdiction: Know ye, I am informed by the commissary general 
of the Indies, of the order of St. Francis, who resides in my court 
that, for causes by which they were incited, it was determined in 
the last general meeting of the order, held in the city of Toledo 
that there should be made a custody or charge of the convents of 
Florida and the island of Cuba, which were heretofore separated- 
in compliance with that determination, their patent has been issued 
in Madrid on the eighteenth day of November of the past year 



[99] 



18 



sedes^ y biibiendose visto por los del mi consejo de las Yndias 
juntamente con la dicha patente, que originalmente se presento en el, 
mi ha parecic'o ordenaros, como por la presente os lo ordeno,y raando 
que todos, y -^ada uno, y cuSlquier de vos en vuestra jurisdiccion,. 
como dicho es, '^eis al padre fray Pedro Ruiz de la dicha Orden de 
San Francisco. . ustodio nombrado por la dicha patente todo el 
favor, y ayuda en lo que se le ofreciere, y hubiere menester para 
su mejor cumplimiento, que de ello me tendre por servido. Fecha 
en Selina, a cinco de junio de mil, seiscientos, y diez anos. Yo 
el Rey, Por mandado del Key Nuestro Seiior, Juan Ruiz de Con- 
treras. 

Es conforme a sus originales que se hallan colocados a la pagina 
ciento diez numero ciento setenta y cuatro, y pagina ciento catorce 
numero ciento setenta y siete de un libro impreso que setitula 
Chronica de la Religion de N. P. S. Francisco, libro primero 
Capitulo Veinte cinco, cuyo libro contiene al principio las 
aprovaciones y licentia competentes, suci fhas. en Madrid a 
nueve, y diez y nueve de Mayo de mil Setecinetos cincuenta 
y cicinto y en Pvoma a Veinto y seiz de Februro, y viente 
de Marzo de mil Setecinetos cincuenta y seis, el cual me fue 
puestro de manifiesto a efecto de sacar el presente testiraonio 
que encumplimento de lo mandad padre el mo. alcalde, mayor, 
cesant Dr. Ramon Padilla, signo y firmo en la Habana a doce 
de Abril de mil Ochocientos cuarenta y siete renglones-ciento 

Tale. 

JUAN DE ENTRALGO, 

Secreto. Hono. de S. M. 



Los escribanos dela Reyna Nuestra Sefiora (Q. D. G.) que 
signaraos y firmamos certificamos y damos fe: que D. Juan de 
Entralgo, por quien aparece autorizado el testimonio que antecede, 
es secretario honorario de S. M. y eseribano publico del numera 
de esta ciudad, fiel, legal, y de confianza; y a sus semejantes 
siempre se les badado y doi enterar fe y credito en ambos juicios. 
Y para constancia damos la presente sellada conel de Nuestro Real 
Colegio en esta siempre fidelisima ciudad de la Habana a trece de 
Abril de mil ochocienta cuarenta y siete. 

FRANCISCO DE ESCOVEDO, 



MAN. VIDAL ALARCON, 



FELIX LARRIN, 



. s.] 

L. S. I 



Consulate of the United States, 

Havana^ ^pril 28, 1847. 



I, Robert B. Campbell, consul of the United States of America 
for the city of Havana, do hereby certify that Francisco de Esco- 
vedo, F. V. Alarcon, and Felix Larrin, whose signatures appear to 



19 [ 99 ] 

one thousand six hundred and nine, and in order that it may be 
carried into full effect my royal order is required, in order that you, 
on your part, should sustain and support it; the said determination 
has been submitted to my council of the Indies, together with 
the original patent. It has appeared to me proper to order and 
command you, as I do by these presents order and command you, 
each and every one in your appropriate jurisdictions, to give to the 
aforesaid father friar Peter Ruiz of the said order of St. Francis, 
nominated director or superintendent by the said patent, all the 
favor and aid which he may require or find necessary for the better 
fulfilment thereof, by which I will consider myself well served. 
Given in Selma on the fifth day of June, one thousand six hundred 
and ten years. 

I, the king, by order of the king our Lord, John Ruiz, Contreras. 

The foregoing is a true copy of the original which is found lo- 
cated at page one hundred and ten, number one hundred and seventy- 
four, and page one hundred and fourteen, number one hundred and 
seventy-seven of a printed book, entitled "Chronicles of the religion 
of our father St. Francis," twenty-fifth chapter of the first book* 
which book contains, at the beginning, the appropriate approbation 
and licenses, dated in Madrid on the ninth and nineteenth day of 
May, one thousand seven hundred and fifty-five, and in Rome the 
twenty-sixth day of February, and twentieth of March, one thou- 
sand seven hundred and fifty-six, which was placed before me in 
order that I might extract from it this certified copy in compliance 
with the order of the major alcalde or judge Ramon Padilla, which 
I sign and seal in Havana, this twelfth day of April, one thousand 
eight hundred and forty-seven. 

JOHN ENTRALGO, 
Honorary Secretary of her Majesty. 



The notaries public of the queen our lady, (whom may God pre- 
serve,) who sign and seal beneath, tjertify, and give faith, that John 
Entralgo, by whom the foregoing was authorized and sealed, is the 
honorary secretary of her majesty, and one of the public notaries 
of this city, and to his acts, as such, full faith, credit, and confi- 
dence, have always been given in both tribunals. In order that it 
may so appear, we give these presents, sealed with the seal of our 
royal college, in this ever faithful city of Havana, on the thir- 
teenth day of April, one thousand eight hundred and forty-seven. 



FELIX LARRIN, 

MAN. VIDAL ALARCON, 

FRANCISCO ESCOVEDO, 



S. L.J 
S.,L.] 
S. L.J 



Consulate of the United States, 
Havana, April 28, 1847. 

I, Robert B. Campbell, consul of the United States of America 
for the city of Havana, do hereby ceitify that Francisco de Esco- 
veda, M. V. Alarcon, and Felix Larrin, whose signatures appear 



99] 



20 



to the foregoing certificate, are notaries public of the Royal Col- 
lege of Notaries Public of the the city of Havana. 

In testimony whereof, I have hereto set ray hand and affixed my 
J -. seal of office, at Havana, on the day of the date above 

L^' ^--l written. 

ROBERT B. CAMPBELL. 



M Govt, de la Havana, con f ha de 22 de Marzo, de 1737. 
Mui Senor Mio: ***** 



* 



El propio dia (todavia desde el Castillo) le requeri tercera vez 
en nombre de S. M. reproduciendo y esforzando los dos antece- 
dentes, con lo que vinieron los oficiales Rs. a enterarse del motivo 
•de mi venida y Rs. ordenes; y habiendolas reconocido estos minis- 
tfos le llevaron copia en cuya vista tomo la atentada resolucion de 
refugiarse en el Conbento de San Francisco, y aunque no me falto 
«ste aviso de acuerdo con dho Yllmo. Senor Obispo no procedi a 
aquella hora a diligencia publica alguna por ser de noche, y estar 
todavia el Pueblo en confusion y aun en vandos no obstante que 
temia alguna fuga u ocuitacion de sus bienes, por lo que di algu- 
nas ordenes secretas a los oficiales que fueron biniendo poco a poco 
en virtud de la carta de V. S. que lesremiti y otros que sagazmente 
fui ganando. * * . . * * * 

Y considerando las perniciosas consequencias que debian espe- 
rarse acia el Servicio de ambas Magestades (de que no pueden 
ocultarse a la alta comprehension de V. S.) si el dho Dn. Fran- 
cisco hiciese fuga (en observancia de la instruecion) mande al Capi- 
tan Dn. Phelipe Yturrieta con veinte y quatro granaderos que 
cercasen el Conbento e incontinenti libre suplicatorio a Su Yllma. 
a fin de que me allasse la inmunidad para extraer de ella a el 
^nunciado, y habiendole requerido su Ylla. segun su obligacion 
respondio que no estaba refugiado, sino que un accidente le tenia 
alii con otras razones cuya anfibologia ya afirmaba ya negaba su re- 
fugio. Tolere estos equivocos per espacio de quatro horas hasta que 
viendo se acercaba la noche, la ninguna seguridad del Presidio y 
demas graves inconvenientes que a V. S. no pueden ocultarse 
repeti el Suplicatorio a el Yllo. Senor Obispo y se consigueo el alla- 
namiento con el qual pase al Conbento y se me entrego el enunci- 
ado Dn. Francisco del Moral diciendono lo hacia como refugiado 
sino voluntariamente. ****** 

Dios Guarde a V. S. milchos afios como deseo y he menester. 
San Augustin, de la Florida, y Marzo 22 de, 1737. 

B. L. M. de V. Sa. su mas rendido y obligado servidor, 

DON MANUEL JOSEPH DE JUSTIS. 

Senor Don Juan Francisco de Guemes y Horcasitas. 



21 [ 99 I 

the foregoing certificate, are notaries public of the royal college of 
notaries- of the city of Havana. 

In testimony whereof, I have hereto set my hand and affixed 
[s. L.] my seal of office, at Havana, the day of the date above 
written. 

ROBERT B. CAMPBELL. 



To Ihe Governor of Havana ^ under date of March 22, 1737. 



My Dear Sir: 



The same day (still from the castle) I notified him again, a third 
time, in the name of his majesty, repeating and fortifying the two- 
antecedent notifications upon which the royal officers came to in- 
form themselves of the motive of my arrival, as well as the roya! 
orders, and having recognized those ministers, they took a copy to* 
him, in view of which he took the prudent resolution to take refuge 
in the convent of St. Francis; and, although I was not unadvised 
of this, yet, by virtue of an agreement with the most illustrious 
bishop aforesaid,! did not, at that hour, proceed to lake any public 
measures against him, because it was night, and the town was iui 
confusion, the people being yet collected in bands, I was not with- 
out fear that he might fly or secrete his property, for which reasoE 
I gave some secret orders to the officers, who gradually commenced 
to come over, in virtue of your letter, which I remitted to him; 
some others I gained by sagacious measures. * * * 

In consideration of the pernicious consequencs that might result 
to the service of both their majesties (which cannot be to the high 
comprehension of your lordship,) if the said Dr. should fly, (in 
obedience to your instructions,) I ordered Captain Philip Itur- 
rieta, wi«th twenty-four grenadiers, to surround the convent, and 
forthwith I despached an official supplication to the most illustrious 
bishop, desiring him to waive the prerogative of the church immu- 
nity, in order that he might be taken therefrom; in conformity with 
his obligation, took him to task, and he answered that he had not 
taken refuge in the church; that he was there by accident; ta 
which he added other equivocal reasons, sometimes affirming, and 
at other times denying that he had sought refuge. I tolerated 
these equivocations for the spj^e of four hours, until, upon seeing^ 
that the night approached, the insecurity of the garrison, and other 
grave considerations, which will readily present themselves to your 
lordship, I repeated the supplication to the bishop, who suspended' 
the churches immunity; upon which I went to the convent, where 
the said Francis Moral delivered himself up, saying he did it 
voluntarily, and not as a refugee. * * * * 

God preserve your lordship many years, is the wish and desire 
of your obedient servant, who kisses your hands. St. Augustine,, 
in Florida, May 22d, l£37. 

7 MANUEL JOSEPH JUSTIS. 

To John Francis Guemes & Horeasitas. 



99] 



22 



I, Antonio Alvarez, keeper of rhe public arhives of East Florida, 
do hereby certify the foregoing to be a true abstract froiu a book 
on file in my office, in which are copied the official letters from the 
governor of East Florida to the captain general of the island of 
Cuba, from 1737 to 1741. 

Witness my hand and seal of office, at the city of St. Augustine, 
t n State of Florida, this nineteenth day of November, A. D. 

' ■ '^ one thousand eight hundred and forty-seven. 

ANTONIO ALVAREZ, K. P. A. 



[No. IjOlO, Cua. La: 42, de Memorandum.] 

[seal.] ") { (stamp.) 'I 

Isab. p. 1. g. de Dios y la Const. \ { Sello 3o. — As. 1846 y \ 

\ Reyna de Esp. ] { 47. 2 Rs. J 



I 



Escmo Sor. Yntendente de Escto. Supdte. General de Real Ha- 
cienda. 

Pbro. Dn. BenedictoMadeore cura y Vicario general de la yglesia 
de San Agustin de la Florida, respetuosamte. ante V. E. dice: 
Que necesita para sus fines particulares y de puro ministro, que 
por el archivero general de real hacienda se le provehea en copia 
certificada de los documtos. qe. jurtifican haber sido vendidos en 
confianza, en el ano de 1764, el convento de San Francisco la 
casa Episcopal, y la yglesia de Ntra. Sra. de la Leche de la 
provincia de San Agustin de la Florida, cuyos documentos obran 
originales en la depende. del archivo enunciado; proveyendose 
igualraente certificacion relativa a la enagenacion dei solar y paredes 
de la yglesia nueva, hecha tambien en, confianza, e insertandose 
a la letra asi la declaracion del comprador, como cuanto conduzca 
al mayor esclarecimento del asunto; en tal virtud. 

Suplica se sirva acceder a la solicitud referida en la precedte. 
instancia, en lo qual recibira merced. Hab., y Mayo 14, de 1847. 

Exmo Sor. BENEDICTO MADEORE. 

Habana, 18 de Mayo, de 1847. 

Informe el sor archivero gral. 

{Rubric and initial of P. G. A.) 



Escft'o Sor: 

Entre los difercntes fechos del archivo particular de la Florida 
Oriental, ecsistentes en este gral. de real hacienda de mi cargo, se 
hallan les correspondientes a la comision que en el ano pasado de 
1763, confirio el Escmo. Sor. Conde de Ricla, gobernador y capitan 



23 [ 99 ] 

I, Antonio Aivarez, keeper of the public arcliivc- of East Flo- 
rida, do hereby certify the foregoing to be a true abstract from a 
book on iile, in my office, in which are copied the official letters 
from the governor of East Florida, to the captain general of the 
island of Cuba, from the year 1737 to 1741. 

Witness my hand and seal of office, at the city of St. Augus- 
[s. L.J tine, State of Florida, this nineteenth day of November, 
anno domini one thousand eight hundred and forty-seven. 

ANTONIO ALVAREZ. 



[No. 1,010, Book 42, of Memorandums.] 

[seal.] ) /• C A ^ ^ 

Isabel Second, by the grace of! 3d stamp-1^846-'47. I 

God and the Constitution, j 05 * { 

Queen of Spain. J ^ ' ^ 

T9 the most excellent Paymaster General of the army, and Director 
General of the Royal Treasury. 

The presbiter Benedict Madeore, curate and vicar general of St. 
Augustine, in Florida, respectfully appears before you and sayeth: 
That, for the particular and pure purposes of his ministry, he 
requests the keeper of the general archives of the royal treasury, 
may be instructed to furnish him with a certified copy of the docu- 
ments, which prove that, in the year 1764, the convent of St. 
Francis, the Episcopal House, the church of our Lady of Milk, in 
the province of St. Augustine, in Florida, were sold, in confidence; 
which documents exist in the original, now among the aforesaid 
archives; and that, in like manner, he may be instruited to 
furnish him with a certification of the sale of the lot and walls of 
the new church, which was also made in confidence, inserting word 
for word the declaration of the purchaser, together with whatever 
may conduce to throw light on the subject. I beg that your 
excellency will be pleased to accede to the request set forth in this 
petition, by which I will receive a favor. 

BENEDICT MADEORE. 
Havana, May 14, 1847. 

Let the keeper of the archives give information on the subject. 

{Rubric and initial of P. G. Ji.) 

Havana, May 18, 1847. 



Most Excellent Sir: Amongst the different dates of the par- 
ticular archives of East Florida, which now exist in these general 
archives of the royal treasury under my charge, are found that 
•which appertains to the commission which the most excellent count 
of Ricla, governor and captain general of the island of Cuba, in 



L OS ] 24 

general de ( ta Ysla, al Sor. Don Juan Jose Eligio de ^r. Puente, 
para que reco; ^^se los efectos y propiedades, asi de S. M .'omo de 
los diferentes ulividuos particulares que quedaron en la ciudad de 
San Agustin; tie cuyos antecedentes se deduce, que '. evacuo en 
todas sus partes en el siguiente aiio, produciendo "uenta justifi- 
cada de lo permutado vendido y conduceido a este paerto con toda 
distincion y claridad. 

Pero grandes dificultades le impidieron realizar tan de pronto 
como se requeria por el ultimo tratado de paz con la Gran Bretana, 
muchas de las propiedades asi del Estado como de los vecinos que 
habian emigrado a esta Ysla, y queriendo salvarlas todas antes 
que cayeran en poder de aquella nacion, como se declaraba por el 
articulo 20 de los preliminares de dicho tratado, estipulo con D. 
Juan Gordon, traspasarle en confianza, el dominio de la casa 
Episcopal, por la cantidad de mil pesos fuertes, el convento de 
San Francisco por mil quinientos, y la yglesia de Nuestra Sra. de 
la Leche por trescientos; y con D. Jesse Fish el solar y paredes 
de la yglesia Nueva por cien pesos, lo mismo que todas las casas 
y Solares de los vecinos al Sud y Norte, desde la portada de la de 
los goberdadores, suscribiendose por ambos compradores la obli- 
cion en que quedaban de venderlas por cuenta del Estado y de sus 
duenos, y declarando no haber pagado cosa alguna al Comisionado 
Eligio de la Puente. 

Asi consta de los instrumentos originales otorgados por Gordon 
y Fish, en 20 y 28 de Julio, de 1764, de los que el Sor. esponente 
pide copia certificada; y si V. E. no tuviere inconvenente, podra 
servirse disponer se le faciliten, 6 determinar lo q. fuere desu su por. 
agrado. Archivo gral. 19 de Mayo, de 1847. 

NATTES. 



Habana, 20 de Mayo, de 1847. 

Atendido el precedente informe vuelva este espedte. al archivo 
gral. para que a continuacion espida la certificacion solicitada pr. 
el promovente a quien la entregara. 

VILLANUEVA. 



Don Jose del Rosario JVattes, Yntendente honorario de Provincia^ 
y Archivero general de Real Hacienda de la Ysla de Cuba, y de 
su Real Junta de Fomento, pr. S. M. 

Certifico: Que entre los papeles pertenecientes al archivo parti- 
cular de la Provincia de San Augustin de la Florida, que obran en 
el general de Real Hacienda a mi cargo, se encucutran origma les, 
los documentos que a la letra son como sigue. 

*' San Augustin y Julio dos de mil setecientos sesenta y cuatro — 
confieso por este haber recibido de Don Juan Jose Eligio de la 



•15 [ 99 ] 

the year 1763, conferred upon Don John Joseph Elijah Puente, in 
order th?.t he might collect the effects and property of his majesty, 
as well lb of private individuals, which remained in the city of St. 
Augustine, from which it may ^ deduced; that the entire province 
was evacuated in the following year; there are on file regular 
accounts of all that was permuted, sold, or conveyed to this post, 
and substantiated in the mos'>: clear and satisfactory manner. 

There was found great 'lilTiculty to realize, with that promptitude 
which the last treaty of peace with Great Britain required, much 
of the property of the State, as well as that of citizens who had 
emigrated to this island; and, being desirous to save it all before 
it should fall into the power of that nation, as set forth in the 20th 
article of the preliminaries of said treaty of peace, it was stipula- 
ted with Mr. John Gordon to sell, or pass over to him in confi- 
dence, the dominion of the Episcopal House for one thousand 
dollars, the convent of St. Francis for one thousand five hundred 
dollars, the church of our Lady of Milk for three hundred dollars, 
and to Jesse Fish, the lot of ground and walls of the new church 
for one hundred dollars, to whom was, in like manner, sold in con- 
fidence, all the houses and lots belonging to citizens situated to 
the north and south of the entrance to the governor's house. An 
obligation was subscribed by both purchasers, obliging themselves 
to sell them for, and on account of the State and owners of said 
property; declaring, at the same time, that they had not paid any- 
thing to the commissioner Elijah Puente. Such are the facts as set 
forth in the original documents executed by Gordon and Fish, on 
the 20th and 28th of July, 1764, of which the petitioner requires a 
certified copy; and, if your excellency esteems it proper, they may 
be furnished to him, or your excellency; may determine what, in 
your opinion, is most proper. Office of General Archives, May 
19th, 1847. 

Most excellent sir, 

NATTES. 

Havana, May 20, 1847. 

In virtue of the preceding information, return these proceedings 
to the keeper of the general archives, in order that he may furnish 
to the petitioner the certified copies, which he solicits and deliver 
to him. 

VILLANUEVA. 

Joseph Rosary Nattes, honorary superintendent of the province, 
and keeper of the general archives of the royal treasury of the 
island of Cuba, and member of the royal society for the encourage- 
ment of industry, by order of her majesty. 

Certifieth that amongst the papers belonging to the particular ar- 
chives of the province of St. Augustine, in Florida, now existing 
in the general archives of the royal treasury, under his charge, are 
found the originals, of which the following is a copy, word for word 
and letter for letter: 

" San Augustine, July the second, one thousand seven hundred and 
sixty-four. I acknowledge to have received from John Joseph Eli' 



[ 99 ] 



36 



Puente, un instrumento de verita a mi favor, del ConveniO de San 
Francisco, en cantidad de un -nil quinientos pesos fuerUs; y otro 
igual documento de la Yglesia de Nuestra Senora de a Leche- 
trescientos pesos, ambos en es y sin embargo de ellos otrezco y 
prometo el venderlos, y disponer do dicho Convento e Yglesia, con 
las mayores ventajas que me sean p ^sible en beneficio de cuenta de 
sus propietarios, y remitir su imr 'te al supradicho Don Juan, 6 
pagarlo a su orden." 

'' JOHN GORDON." 

*' San Augustin y Julio veinte de mil setecientos sesenta y cuatro. 
Confieso por este haber recibido de Don Juan Jose Eligio de la 
Puente, un instrumento de venta a mi favor, de la Casa Episcopal 
en esta, por la cantidad de un mil pesos fuertes, y sin embargo de 
el ofrezco y prometo el vender y disponer de la dicha casa con la 
mayor ventaja que me sea posible, en beneficio y de cuenta de su 
propietario 6 propietarios, como de remitir el importe al supradi- 
cho Don Juan, 6 pagarlo a su orden." 

«< JOHN GORDON." 

Certifico asi mismo, que por otro documento encabezado asi 
Razon de las Casas y Solares que se-hallan a la fecha sin vender, 
por no haber habido ni haber ninguno que quiera comprarlas, en 
cuya virtud, las traspaso bajo de confianza a Don Jesse Fish, va- 
sallo de S. M. B., poniendole solo para la formalidad de la precisa 
escritura de venta, el valor de las cortas cantidades que se citaran 
al marjen del nombre de cada persona a quien corresponden, y son 
a saber. Al sur desde la portada de la casa de los gobernadores," 
aparece incluso en las ciento ochenta y cinco posesiones, el solar y 
paredes dela yglesia Nueva, con valor de cien pesos; y al pie la 
declaracion del citado Don Jesse Fish, concebida en los terminos 
siguientes. Digo yo Don Jesse Fish, vasallo de S. M. B., que 
confieso haber recibido de Don Juan Jose Eligio de la Puente, 
apoderado general para la venta de los bienes raices y muebles de 
los vecinos espafioles que fucron de este pr2sidio, dos escrituras 
fechas a veinte y cuatro y veinte y siete del corriente mes y ano, 
en que me otorga venta Real de todas las Casas y solares pertene- 
cientes a dichos vecinos que se espresan enla razon antecedente; y 
por lor bajos precios que van citados al marjen del nombre de la 
persona a quien corresponde cada casa 6 solar; sobre que declare 
por este no le he pagado cosa alguna a cuenta de las referidas 
casas y solares, pues las mencionadas dos eserituras solo son de 
confianza, y para el fin de asegurarles el derecho a sus legitimos 
duenos, cuando lo pierdan, segun lo prevenido en el articulo veinte 
de los preliminares de la ultima paz; anad.endo tambien q. me obligo 
desde ahora y hasta que lo cumpla, a dar al enunciado Don Juan 
Jose Eligio de la Puente, 6 a su voluntad, la mas puntual cuenta y 



27 [ 99 ] 

jah Puente an instrument o;' sale, in my favor; of the convent of St. 
Francis, for the sum of one thousand five hundred dollars cash, and 
likewise another document of the same class, for the church of our 
Lady of the Milk, fc three hundred dollars, both in this placej 
notwithstanding which 1 offer and promise to sell. and dispose of 
said convent and chuvih to the best possible advantage for, and on 
account of, their proprietors, and remit the proceeds to the above- 
mentioned Puente (■ pay it over to his order." 

"JOHN GORDON." 

"St. Augustine, July the twentieth, one thousand seven hundred 
and sixty-four. I acknowledge to have received from John Joseph 
Elijah Puente an instrument of sale, in my favor, of the Episcopal 
house in this city, for the sura of one thousand dollars in coin, and 
notwithstanding which I offer and promise to sell and dispose of said 
house to the best possible advantantage for the benefit of, and on 
account of, its proprietor or proprietors, and to remit the proceeds 
thereof to the aforementioned Puente, or pay it over to his order." 

"JOHN GORDON." 

I further certify that another document, whose caption is as 
follows, sayeth: 

"Account of the houses and lots, which, up to the present, have 
not been sold for want of purchasers, for which reason they have 
been sold or passed over in confidence to Jesse Fish, a vassal of 
his Britannic majesty, giving him only for the precise formality of 
the case a deed of sale upon the margin, of which is cited the value 
of each property and the name of the proprietor. They are as fol- 
lows: to the south of the front entrance of the governor's house 
there appears to be included one hundred and eighty-five posses- 
sions, amongst which are the lot of ground and fhe walls of the 
new church, valued at one hundred dollars. At the foot of that 
statement is found the declaration of the aforementioned Jesse 
Fish in the following terms: I, Jesse Fish, a vassal of his Britanic 
majesty, do hereby acknowledge to have received from John Jo- 
seph Elijah Puente, general commissioner for the sale of property, 
both moveable and immoveable, belonging to Spanish subjects who 
left this garrison, two deeds, dated one on the twenty-fourth and 
the other on the twenty-seventh of this present month and year, in 
which a real sale is executed to me of all the houses and lots be- 
longing to the aforesaid subjects as expressed in the preceding ac- 
count or note, and at the low prices stated in the margin, giving 
the names of the proprietors of each house and lot of ground, upon 
which I do hereby declare that I have not paid to him anything on 
account of the said houses and lots, and that the aforesaid deeds or 
contracts of sale were made in confidence, and for the purpose of se- 
curing to the legitimate owners their right therein, which they 
were about to lose under the provisions of twentieth article of 
the preliminaries for peace. I further add, that both now and 
hereafter I oblige myself to give to the aforesaid Puente, or to 



[99] 



28 



a 



pagOj del procedido de las nominadas casas y solares, cuya venta 
ofrezco ejecutar, luego que haya compradores, con el mayor ade- 
lantamiento y estimacion que me sea posible; ypara que asi conste 
firme el presente en San Augustin de la Florida, a veinte y ocho de 
Julio de mil setecientos sesenta y cuatro aiios; Jesse Fish." 

Finalmente certifico, que del espediente instruido en esta cuidad, 
a consecuencia del auto de seis de Febrero del propio ano de mil 
setecientos sesenta y cuatro, del Ylustrisimo Sor. Dr. Don Pedro 
Augustin Morel de Santa Cruz, Dignisimo cbispo de la Santa 
yglesia catedral de Santiago de Cuba, para que se inventariasen los 
ornamentos, altares, efigies, campanas y alhajas pertenicientes a la 
yglesia Parsoquial y Cofradias de San Augustin de la Florida, que 
se trajeron a esta Plaza por Don Simon de Hita en la goleta titula- 
da Nuestra Senora de la Luz, que la Ermita de Nuestra Senora de 
la Leche, estaba edificada estramuros de aquel presidio, conforme 
a las declaraciones ministradaspor Don Juan Crisostomo de Acosta, 
vecino que fue de dicha cuidad de San Augustin de la Florida, y 
notario de su Curia Ecleciastica, y Mayordomo tambien de la 
yglesia Parroquial, remitiendose a los Libros de su cargo, y a todos 
los antecedentes del asunto. 

Y en cumplimiento del precedente decreto del Escmo. Sor. Conde 
de Villanueva, superintendente general delegado de Real Hacienda 
de esta isla, espido la presente, teniendo a la vista los precitado^s 
documentos, que quedan en esta oficina de mi cargo, y a que me 
remito. Habana y Mayo veinte y uno de mil ochocientos cuarenta 
y siete. , 

JOSE DEL ROS: NATTES. 



Consulate of the United States, 

Havana, May 21, 1847. 

I, Robert B. Campbell, consul of the United States of America for 
the ci-t of Havana, do hereby certify that the signature to the fore- 
going instrument of writing is the true signature of Jose del Rosano 
Nattes, the keeper of the records of the royal hacienda of the Is- 
land of Cuba, and his official acts are, in my opinion, entitled to 
faith and credence. 
In testimony whereof, I have hereunto set my hand, and affixed 

r 1 my seal of office, at Havana, on the day of the date 

L^' ^' ' above written. 

ROBERT J. CAMPBELL. 



ExMO Senor: 

Con mucho sentimiento mio, tengo que participar a V. E., que 
ayer manana a las nueve y media, al- instante que salia por esta 
Barra, con destimo a esa, la Balandra Santa Catalina del cargo de 
Don Vicente Lardivol, con los pliegos del real servicio, y corres- 
pondencia publica, me sorprendio la noticia de fuego enlos Quar- 
teles viejos 6 Ingleses. 



29 [ 99 ] 

his order, a most punctual account, and payment of the proceecs 
of the said houses and lots — the sale of which I promise to verify 
as soon as purchasers may offer, and to the best possible advantage. 
In order that it may so appear, I sign these presents in St. Augus- 
tine, Florida, on this twenty-eighth day of July, one thousand seven 
hundred and sixty-four years. 

"JESSE FISH." 

Finally, I certify that in the proceedings instituted in this city 
in consequence of the decree, dated February sixth, one thousand 
seven hundred and sixty-four, of the most illustrious Doctor Peter 
Augustine Morel, of Santa Cruz, the most worthy bishop of the 
holy Catheral church of St. James, in Cuba, ordering an inventory 
to be made of the ornaments, altars, effigies, bells, and jewels, be- 
longing to the parish church and religious associations of St. Augus- 
tine, in Florida, which were brought to this place by Simeon Hita, 
in the schooner named our Lady of Light, it appears that the her- 
mitage or chapel of our Lady of Milk was built without the walls 
of the garrison of St. Augustine, which fact is substantiated by the 
declaration of John Chisostom Acosta, who was a citizen of said 
city of St. Augustine, in Florida, ecclesiastical notary and major- 
domo of that parish church, who refers to the books under his charge 
for the antecedents in the case. 

'' In fulfilment of the decree of the most excellent count of Villa- 
nueva, delegated superintendent general of the royal treasury of 
this island, I have executed these presents, having before me the 
aforesaid documents, which remain in this office under my charge, 
and to which I refer. Havana, May the twenty first, one thousand 
eight hundred and forty-seven. , 

JOSE DEL ROS: NATTES. 



[The above signature is duly authenticated by R. B. Campbell, 
United States consul at Havana.] 

Most Excellent Sir: With great regret I have to inform your 
excellency, that yesterday morning at nine and half o'clock, being 
the same instant in which the sloop St, Catharine was crossing the 
bar, on her voyage to Havana, under the command of Vincent Lar- 
disol, with despatches for the royal service and public correspond- 
ence, I was surprised with the information that the old or English 
.barracks were on fire. In five minutes thereafter, notwithstanding 



[99] 



30 



En cinco minutos, sin embargo de estar indispuesto, me halle en 
el sitio, y conoci, a primera vista, que la voracidad de las llamas, 
se habia apoderado de tal suerte de la parte superior del edificio, 
que seria imposible atajarla aun exponiendo y perdiendo vidas, por 
cuyo raotivo, y por la constante poca utilidad de la fabrica dedique 
mi cuidado a salvar los efectos de Artilleria, almacenados en los 
•Quarteles vajos, lo que se logro en la mayor parte, como asimismo 
el retirar todo lo perteneciente al destacamento de dragones, alo- 
jado allij a escepcion de una porcion de maiz, y a cortar la comuni- 
cacion del fuego a las inmediatas Hayas, Cercas, y parque de Lena 
de provision, que tambien se logro, quedando, en dos boras, com- 
bertidos en ascuas ambos altos del expresado Quartel, compuestos 
de madera, de las piezas vajas, y las Chimineas que son de ladrillo, 
con los Pilares de piedra, que sortenian las Galerias de maderamen, 
que en el primero y segundo alto daban buelta al edificio entero. 

La oficialidadj y tropa del Batdlon de Cuba trabajaron en su 
respectiva clase con esmero; debiendose lo que se ha salvado de 
efectos a su actividad y aun arrojo, sin que individuo alguno se 
haya desgraciado. 

En primera ocasion detal'are a V. E. todo el suceso, y sus 
resultas ; siendorne imposible egecutarlo en la presente ; pero 
importa el hacer desde ahora presente a V. E., que a los apuros 
que me cercaban antes, se ha aumentado, €on este estrago, el de la 
falta de Almacen para los efectos de artilleria de Quartel para lost 
dragones, y de Galera para los forzados, que es donde se conjetura 
principio el fuego, bien que se ignoran las circumstancias. 

Dios guarde a V. E. muchos anos San Agustin de la Florida, 26 
de Mayo, de 1792. 



Senor Don Luis de las Casas: 

[Se copio a la Capitania General y al Exmo Sor. Ministro de 
Hacienda en 15 de Noviembre, de 1800.] 

I, Antonio Alvarez, keeper of the public archives of East Flori- 
da, do hereby certify the foregoing to be a true and correct copy 
of the original rough draught, on file in my oflfice, of an official 
letter, marked No 270, from the governor of East Florida to the 
Captain General of Cuba. 

Witness my hand and seal of office, at the city of St. Augustin, 
r 1 State of Florida, this eighth day of December, A. D. 

'" * '■' one thousand eight hundred and forty-seven. 

ANTONIO ALVAREZ, K. P. A. 



31 [ m ] 

my indisposition, I was upon the spot, and at once saw that the 
devouring flames had taken such complete possession of the vpper 
story of the building that it was impossible to arrest their progress, 
even at the expense of life; for which reason, together with the 
well known trifling value of the edifice, I devoted all my care to 
saving the eff'ects belonging to the artillery, which were stored in 
the lower apartment, which was, in a great measure, effected. Al- 
most all that belonged to the detachment of dragoons, who were 
quartered therein, was in like manner safely gotten out, except a 
a lot of corn, which was destroyed. The fire was arrested in its 
progress to attack the neighboring buildings, in which were depo- 
sited the fixed ammunition, provisions, and wood, for the use of the 
garrison. In two hours everything inflammable about the building 
was converted into cinders; the upper story being of wood, was all 
destoyed, and of the lower story, nothing now remains except the 
walls and chimnies, which were of brick, together with the stone 
pillars which supported the galleries on all sides of the building. 

The officers and men of the Cuba batallion, all in their proper 
sphere, labored with great zeal and activity, to which alone we are 
indebted for all that was saved. No person was injured. 

At the earliest opportunity I will give your excellency the de- 
tails of the affair, together with the results, which I find it impos- 
sible to do at present. It is important that I should make known 
to your excellency that the difficulties which before surrounded me 
have been greatly augmented by this misfortune, which has left 
me without a place to secure the artillery property, and without 
quarters for the dragoons, nor have I any place for the prisoners 
who are forced to labor. It is conjectured that the fire commenced 
in their quarters, but how or in what manner has not been ascer- 
tained. 

God preserve you many years. St. Augustine, in Florida, May 
26, 1792. 



Sir Don Louis Casas. 

[This was copied for the captain general and for the most excel- 
lent minister of the treasury, on the 15th of November, 1800.] 

I, Antonio Alvorez, keeper of the public archives of East Flo- 
rida, do hereby certify the foregoing to be a true and correct copy 
of the original rough draught on file in my office of an official let- 
ter, marked No. 270, from the governor of East Florida to the cap- 
tain general of Cuba. 

Witness my hand and seal of office, at the city of St. Augustine, 
State of Florida, this eighth day of December, A. D. one thousand 
eight hundred and forty-seven. 

ANTONIO ALVOREZ, K, P. A. 



[ 99 ] 32 

Sacro Sancti et Mcumenici Concilii Tridentini, Paulo 3d, Julio 3«/, 
et Pio 4Mj P. P., M. M.y cdehratl canones et decreta. 

SeSSIO XXII, BE REFORMATIONE. 

CAPITUTO XI. 

Bonorum cujuscumque ecclesise, aut pii loci puniuntur. 

Si quem clericorum, vel laicorum quacumque is dignitate, etiam 
imperiali aut regali preefulget, in tantum raalorum omnium radix 
cupiditas occupaverit, ut alicujus ecclesiee scEcularis vel regularis 
beneficii, montium pietatis, aliorumque piorum locorum jurisdic- 
tiones, Ijona, census ac jura, etiam feudadalia et emphyteutica, 
fructus, cmolumenta, seu quascumque deventiones quoe in ministro- 
rum et pauperum necesitates converti debent, per se vel alios, vi 
vel timore encuso, seu etiam per suppositas personas clericorum 
aut laicorum, seu quacumque arte, aut quocumque quoesito colore 
in proprios usus convertere illosque usurpare prcesumpserit, seu im- 
pedlire ne ab iis ad quos jure pertinent, percipiantur, is anathemati 
tamdiu subjaceat, quamdiu jurisdictiones, bona, res, jura, fructus 
et redditus quos occupaverit, vel qui ad eum quomodocumque, 
etiam ex donatione suppositoe personoe, pervenerint, Ecclesice, ejus- 
que administratori, sive beneficiato integre restituerit, ac deinde a 
Romano Pontifice absolutionem obtinuerit. Quod si ejusdem Eccle- 
sice patronus fuerit etiam jure patronatus ultra proediotas poenas eo 
ipso privatus existat. Clericus vero qui nefandffi fraudis et usurpa- 
tionis hujusmodi fabricator seu consentiens fuerit, ejusdem poenis 
subjaceat necnon quibuscuraque beneficiis privatus sit, et ad quoe- 
cumque alia beneficia inhabilis eficiatur, et a suorum ordinum exe- 
cutione, etiam post integram satisfactionem et absolutionem, sui 
ordinarii arbitrio suspendatur. 



Febr. 6, de 1764. 

En esta fecha y a consecuencia de haber arribado a este puerto 
la goleta Nbra Senora de la Luz conduciendo los altares, efigies, or- 
namentos, ahajas, campanas pertencientes a la yglesia parroquial 
de San Augustin. de la Florida, y a los cofrodias fundadas en ella 
y en el convento de San Francisco se formo espediente para inquerir 
la propriedad de cada una de las pisas para darlas a su correspond- 
iente destino. Tomaronse declaraciones e informes de differentes 
personasj etc., etc. 



Mayo 21, de 1791. 

Por Real orden de esta fecha y a propuesta del gobernador de 
San Augustin de la Florida se mando que se llevase a efecto la 



33 • [ 99 ] 

Canons and decrees of the Holy Council of Trent, held under the 
pontificates of the popes, Paul the 3dj Julius the 3d, and Pius 
the 4th. 

Session 22dj on reformation. 
CHAPTER XI. 

The usurpers of any church property, or of a pious place, are 
punished. 

If any one, clergyman or laity, whatever maybe his dignity, 
would he be an emperor or a king, is brought by his covetousness, 
that source of all evils, to usurp the jurisdictions, property, rents, 
and rights, even feudal and emphyteutick fruits, emoluments of any- 
church, secular or regular, mounts of piety, or of other pious places, 
or will have turned into his own use, by himself or by others, by 
force, or by inspiring fear, or even with aid of a clergyman or laity, 
or by whatever means, and under whatever color it may be, incomes 
destined for the support of the clergy, and the maintainance of the 
poor, and -^ill dare to usurp them, or prevent those to whom they 
belong from receiving them, let him be under anathema till the ju- 
risdictions, goods, property, rights, fruits, and incomes, \^hich he 
will have usurped, or which came to him, in whatever manner it 
might be, even from a donation of a supposed person, will have been 
altogether restored to the church, and to its administrator, or to the 
one who holds the benefice, and will after having obtained the ab- 
solution of the Roman Pontiff; and if he be the protector of that 
church, besides the aforesaid punishments, let him, by the fact it- 
self, be deprived of his right of patronage. As for the clergyman, 
who shall be found guilty of this impious fraud or usurpation, or 
will have given his consent to it, let him be subject to the same 
chastisement; moreover, he shall be deprived of whatever benefice 
he may have, and rendered unfit for any other, and even after the 
full restitution and absolution, let him remain deprived of the ex- 
ercise of the functions of his order as long as his bishop will deem 
it proper. 



February 6, 1764. 

At this date, the schooner of Our Lady of the Light having ar- 
rived at this place, carrying. the altars, images, ornaments, and bells, 
belonging to the parochial church of St. Augustine of Florida, and 
to the convent of St. Francis, they took the declaration of, and in- 
formation from divers persons, in order to know to whom belonged 
each object, and give it to its owner. 



May 21, 1791. 

By a decree of this date, and on the demand of the governor of 
St. Augustine of Florida, orders are gi^en to put in execution the 
3 



[99] 



34 



traslacion de los cuatro sacerdotes irlandeses para elprato espiritual 
de aquella provincia prometidos en la de 5 de Abril de 1786. Se 
dispuso que en la primera ocasion passarantres de conocida virtud y 
literatura que lo fueron D. Marcos Barry, f D. Miguel Crosby, y D. 
Miguel Wallis Carraelita, calsado. A quienes acompanaria otro 
Religiose Minorquin o inteligente en el idibma, a los quales se de- 
bian colocar de accuerdo con el Reverendo Obispo diocesano, o 
con quien ejerciera en la provincia la jurisdicion espiritual, fijan- 
do su residencia, dos de los Irlandeses en ♦los partidos de San Juan 
y Santa Maria paraque entendieran en el catequismo y predicacion, 
no permitiendo se les a aquellos habitantes la celebracion de matri- 
monios clandestinos, o more anglicano, ni el ejercicio publico de 
otra religion, y tambien que se edificaran y adornaran dos hermitas; 
una en el partido de San Juan, y otra en el de Santa Maria, etc., 
«tc. Se hace referencia tambien a los dos religiosos observantes, 
etc., etc. 



35 [ 99 ] 

May 21, 1791. 

transfer of the four Irish priests promised in the ordinance of the 
6th of April, 1786, for the spiritual good of that province. It was 
decided that by the first opportunity should go there three, of 
known virtue, and well versed in literature, and D. Marcos Barry,* 
D. Miguel Crosby, and D. Miguel Wallis Carmelite, wearing 
shooes,! were appointed; they were to be accompanied by another 
Minorcan religious, or understanding the Minorcan language. | 
They were to place themselves according to the direction of the 
bishop of the diocese, or of the one who exercised the spiritual 
jurisdiction over the province, fixing their residence, two of the 
Irish, one on St. John's river, the other at St. Mary's, to teach 
catechism and preach. They were not to permit clandestine mar- 
riages, or according to English fashion, to the people, nor the pub- 
lic exercise of any other religion; they had also to build and adorn 
two chapels, one on St. John's, and the other on St. Mary's, etc., 
etc.;§ there it is spoken also of the two religieuse of the observance, 
etc., etc. II 



ERRATA. 

Read " has been," for " shall be/' on page 13, line 19 from the top. 
Read " The Kings of the Order of St. John," same page, line 24. 
Read " Governors," for " convents," page 13, line 6 from the bottom. 



Washington, April 12, 1848. 

The foregoing translation from the Spanish language, of various 
documents which accompany the memorial of the Rev. Benedict 
Madeore, addressed to the Senate of the United States, is correct. 

JOHN BALDWIN. 



*He did not come, Augustus McAcfry took his place. 

t He had already passed to the Dominican order, and died in their convent at Havana. 

% El Padre Narciso Catalan, came as knowmg the Minorcan language. 

§ They arrived here in 1795, and the Wagnon war, which lasted the two years of 1795 
and 1796, prevented them from building their chapels. 

S The two religieuse of the observance who came here, on the application of the Franciscan 
friars, on the 5CII of April, 1786, to re-establish their convent, were friar Trocona, who taught 
school, and friar Juan for the troops. 



[991 



36 

No. 1. 



State OF Florida, county of St. Johri^s: 

Personally appeared, Antonio Andreo, Francisco Triay, and John 
Leonardy, inhabitants of the city of St. Augustine, being duly sworn, 
says, that when the Roman Catholic church of the said city of St. 
Augustine was finished, that the inhabitants of the city contributed, 
according to their means, towards the expenses of the building, and 
that the repairs that were afterwards made were always on account 
of the congregation; and that the king of Spain never claimed it 
as his own property. 

ANTONIO ANDREO, 

his 
FRANCISCO X TRIAY, 

mark 
JUAN LEONARDY. 

Sworn to before me the 27th day of December, 1847. 

E. B. GOULD, 
Judge of Probate^ St. John's county. 



No. 2. 



State of Florida^ St. John^s county: 

Personally appeared, Francisco Triay, being duly sworn, says, 
that he recollects well that the Franciscan convent, in the city of 
St. Augustine, was occupied by friars until the barracks were burnt 
in 1792 or 1795, for he cannot particularly recollect. And John 
Leonardy and Antonio Andreo, being also duly sworn, say, that 
they do not recollect whether friars occupied the convent or not, 
but, that they remember that the convent was not occupied by 
soldiers until the barracks were burnt. 

his 
FRANCISCO X TRIAY, 

mark 
JUAN LEONARDY, 
ANTONIO ANDREO. 

Sworn to before me the 27th day of December, 1847. 

E. B. GOULD, 
Judge of ProbatCj St. John's county. 



37 • [99] 

No. 3. 

State of Florida, county of Duval: 

Personally appeared before me, Henry Hartley andJohn M. Bo.w- 
den, who, being duly sworn according to law, deposed and said, 
in about the year of 1797 or 1798, we have seen the friars frpm 
St. Augustine on St. Johns, sometimes two and sometimes three at a 
time for mission. 

HENRY HARTLEY, 

his 

JOHN M. X BOWDEN. 

mark 

Sworn to and subscribed before me, this the 11th January, 1848. 

JOHN M. J. BOWDEN, 

Justice of the Peace, 



No. 4. 



State of Florida, county of St. John^s: 

Personally appeared, Antonio Andreo, John Leonardy, Francisco 
Triay, George Cla, and Bernardo Segui, inhabitants of the city of 
St. Augustine, who, being duly sworn, say, that the king of Spain 
always maintained a free school in the said city, which said school 
was continued until the Floridas were transferred to the United 
Statesj and that he always, until the same period, defrayed the ex- 
penses of the Catholic church. 

ANTONIO ANDREO, 
JOHN LEONARDY, 

FRANCISCO X TRIAY, 

mark 
GEORGE CLA, 
B. SEGUI. 

Sworn to before me the 27th day of December, 1847. 

E. B. GOULD, 
■*•• Judge of Probate^ St. John's county. 



No. 5. 



State of Florida, county of St. Johnh: 

Personally appeared, Antonio Andreo, John Leonardy, Francisco 
Triay, George Cla, and Bernard Segui, who, being duly sworn, 
say, that, from their earliest recollection, the lot of ground on the 



[99] 



38 



southwest of the public square, and which is now occupied by the 
Episcopal church, was always regardel as belonging to the Catholic 
church, and that the house standing on the lot was occupied as a 
church for thirteen or fourteen years; that is, it was built for the 
bishops palace anterior to the British occupancy, and after the trans- 
fer to Spain in 1784, the building was occupied as a church for 
thirteen or fourteen years. 

ANTONIO ANDREO, 

JUAN LEONARDY, 
his 

FRANCISCO X TRIAY, 
mark 

GEORGE CLA, 

B. SEGUI. 

Sworn to before rae the 27th December, 1847. 

E. B. GOULD, 
Judge Prohate, St. John's county. 



No 6. 



State of Florida, county of St. Johnh: 

Personally appeared, John Leonardy and Francisco Triay, being 
duly sworn, says, that the church of the Lady of the Milk, situated 
on a creek of that name, and north of the city, was used as a 
Catholic church, and the ordinances of that religion were performed 
there after 1784; and John Leonardy and Francisco Triay further 
say, that the lot upon which the said church was built was always 
regarded by the inhabitants as church property till 1821. 

JUAN LEONARDY, 

his 
FRANCISCO X TRIAY. 
mark 

Sworn to before me the 27th day of December, 1847. 

E. B. GOULD, • 
Judge of Probate f St. Johi's county. 



39 [ 99 ] 

NOTES AND MEMORANDA; BY PETITIONERS. 
Saint Augustine's church. — See plan^block 18, JVo. 142. 

By an act of Congress, under the date of February 8, 1827, the 
possession of the parochial church, with its dependencies, is con- 
firmed to the catholic congregation, with the reservation that they 
cannot change its destination without the special permission of 
Congress. 

As they had no priest at that time, and the bishop lived too far 
to take care of this property, the congregation applied to the ter- 
ritorial legislature to be allowed to administer it themselves, by 
means of trustees. The favor was granted; but with the condition 
that if the administrators should eventually, and by whatever 
means it might be, add to their church property a value rising over 
twenty-five thousand dollars, the balance should be thereby con- 
fiscated in favor of the said territory. 

But this church was, from the beginning, a private property, be- 
longing to the catholic congregation who held it, not as subjects 
of the king of Spain, but as parishioners of the bishop of this 
diocese, so that they could not lose it by the change of their sov- 
ereign, but by the change of their religion; hence the treaty of 
1819. And our constitution render null these two acts, by secur- 
ing to us our liberty as free citizens, and our religious privileges as 
a congregation lawfully constituted, and leave no more right to the 
United States over that church than had the king of Spain, who, 
as every faithful, could go there to discharge his religious duties, 
,but not as asking to exercise any act of authority without the per- 
mission of the bishop. 

In 1764, it was sold as private property, by Don Juan Jose 
Eligio de la Puente, who was appointed, by the Count de Recha 
governor of the island of Cuba, to secure all that which belonged to 
private individuals from being disposed of by the British, according 
to the twentieth article of the preliminaries of peace between 
England and his catholic majesty. Mr. Jose Fish bought it in 
confidence to hold it in trust for its lawful owners, as it is evident 
by the deed. — See the transaction hereto annexed — translation, 
page 27, and original documents, page 26. , 

During the British time, the family of Fish held it unmolested 
as private property, and in 1784 it was given back, not to the 
Spanish government, but to the very Reverend Thomas Hassett, 
pastor of the congregation and vicar general of the province, with nil 
the other places belonging to the church; consequently, this churcb 
was finished with ecclesiastical resources and the aid of the people, 
without the help of the government. Thus, we find that the king 
sanctioned, on the 17th of April, 1790, by a decree, the application 
of the rent of ten lots which the catholics of Saint Augustine had 
in the city of Havana, island of Cuba, to finish that church. [The 
decree is at Havana, real hacienda. J 



[99] 



40 



They employed also the stone of two ancient churches: the stone 
of that of Tolomato, whose steeple only was still then in existence, 
(see the ancient map drawn in 1787, where you will find it pointed 
out,) and the stone of that of Our Lady of the Milk, from Topoqui 
camp. 

The inhabitants of this city state that the money coming from the 
rent of their ten lots being exhausted, they were all applied to 
freely contribute to finish their church, and all helped according to 
their means. Those who were poor gave their labor; the farmers 
sent eggs, vegetables, fowls, &c., which were sold, and the price 
was for the church building. Those who were paid by the govern- 
ment, for whatever purpose it might be, willingly left a part of their 
salary for that object. Being at last completed, it was blest on 
the 8th of December, in 1791. From that time down to 1821, the 
civil government always regarded it as the private property of the 
catholic congregation, and not as that of the subjects of the king 
of Spain, and, therefore, never interfered with it in anything, ac- 
cording to the cnaon law; hence, the United States would not 
have from tte king any right to that church, could he have pre- 
tended to give it to them. We, therefore, ask them to restore it 
to us in conformity with the 5th article of the treaty of 1819. "The 
inhabitants of the ceded territories shall be spcured in the free ex- 
ercise of their religion w^ithout any restriction," in order to be 
held by us accordingly. 

For the proof of the foregoing assertions, see the affidavit No. 1, 
page 36. 

Convent of St. Francis^ or Mission of St. Helena of Florida. 

The Franciscan friars who founded the convent of St. Augustine"", 
came from the convent of Pedroso, diocese of Palamta, in Spain. 
A small body of them were present at the foundation of St. Au- 
gustine, in 1565, and continued to be very few till the year 1592, 
when we find Father Francis Marron, Gustos in Florida. (Torque- 
mada Monarquia Indiana, vol. 3, c. xx, p. 550). 

The convent was then founded, otherwise Father Marron would 
not have been appointed Gustos. As long as it was a simple mis- 
sion, the friars of St. Helend^s mission depended on the convent of 
St. Ghristopher, of Havana, for the spiritual as well as for the 
temporal. 

In 1608, the Father Peter Ruis, Gustos of St. Augustine's con- 
Tent, went to Spain to obtain the erection of that convent in a ca- 
pitular house, (head-quarters,) and Father Bernardo Salva, commis- 
sary general of Indias, gave his charge on that account in 1609. 
(See the authentic copy, page 11, and the original, page 10). 

In 1610, the king chartered this convent as a capitular house, and 
enforced the charge of Father Bernardo Salva. (See the royal de- 
cree, translation page 17, original documents page 16). 

John Lee Williams, in his history of Florida, says, "It was here 
that the See of Rome chartered a great religious province under 



41 .[99] 

the order of the Franciscans. It was called St. Helena, and all 
he minor establishments throughout the province were represented 
<t the great Franciscan house at St. Augustine." Hence, St. Fran- 
cis's convent was from the beginning a church property, built and 
; ^paired with ecclesiastical incomes. In 1703, when Colonel 
Dnniel burned up the churches, and injured much the other build- 
ings consecrated to religious purposes, they received at St. Augus- 
tint , to repair them, twenty thousand dollars from ecclesiastical 
inco'taes of the bishoprics of New Spain. (See a royal decree of 
the 21st of April, 1714, in the royal hacienda at Havana.) 

The king sent twenty thousand dollars more to repair Ihe build- 
ings belonging to the crown; as we see in a decree of November 7, 
1720, in which the authorities of St. Augustine are severely repri- 
manded for having diverted these funds from their destination, and 
are commanded to employ them to the purpose for which they are 
sent; and consequently, in a decree of December 18, 1723, the 
king gives order to procure officers and workmen in a number suf- 
ficient to repair at once the convent, the parochial church, and the 
wall of the city. Thus, the convent founded with the help of the 
convent of St. Christopher of Havana, was repaired with eccle- 
siastical incomes, so that the king had no right on it. We see, in 
fact, that the bishop had the entire management of it, and that this 
house enjoyed all the privileges granted by the councils to free 
and private property belonging to the church. The governor him- 
self could not go there, even to extract a culprit, without the per- 
mission of the bishop, as it happened in 1737, on the 22d of March, 
when we see that the governor wrote three times to the bishop to 
obtain permission to go there to take Del Moral from it. (See an 
extract of the letter, translation page 20, original documents 
page 21). 

In 1763, when the British made the final arrangement with Spain, 
it was agreed that his Catholic majesty should leave to them all 
what belonged to the crown at St. Augustine. Then the king deliv- 
ered to them, without any precaution, all the public property, as 
the Fort, the governor's house, the hospital, the shop, the barracks, 
and the parochial church; whilst the convent, with the other places 
claimed by the Catholics, were sold as private property, according 
to the 20th article of the preliminaries of peace, where it was 
stated that the private property should be disposed of in the space 
of eighteen months. The Count de Recha, governor of the island 
of Cuba, appointed Don Juan Jose Eligio de la Puente to sell the 
private property, which he did in 1764, and John Gordon bought 
this convent in confidence, and held it in trust till the year 1784, 
when the Spaniards came back to Florida. (See the translation, 
page 25, and original documents, page 24). 

Neither the Spanish government, nor the friars, gave up the hope 
of re-establishing the mission of St. Helena. Worldly politics 
on one hand, and holy zeal on the other, were too much inte- 
rested in the existence of that convent, the head-quarters of the 
mission of all Florida and the main part of the West Indies, not to 
cherish the hope of reducing once more the fearless savage by the 



[99] 



42 



light of the gospel and the image of the cross. Consequently, w 
read in a document to be found at Havana, in the royal haciendr, 
that on the 6th of February, 1764, divers objects having arrived 
from St. Augustine to that port, as it is stated, (translation, page 
21, document, page 20,) the Right Reverend Bishop D. Pedro Au- 
gustin Morel de la Crus sent for D. Juan Cresostom de Acosta, -d'ad 
for others who had come from St. Augustine, to recognise and r^ep- 
arate the objects belonging to the confraternity of St. Francis's 
convent from those which belonged to the parochial churr!;, in 
order to restore them to their former destination. 

In 1784, the convent was given back with the other property to 
the church, and in 1786, the friars obtained permission tc re-estab- 
lish their convent and their mission. The decree is of the 6th of 
April. Two friars came to St. Augustine, Friar Tro-omes, who 
taught here the school, and Friar Juan,* for the garrison; and 
others Avere promised in the same decree, but they did not come. 
And we see in a decree given on the request of the governor of St. 
Augustine, in 1791, on the 21st of May, to fulfill the promise of 
the 5th of April, 1786, four religious missionaries must pass to St. 
Augustine by the first opportunity. (See page 32-33). 

But they were not at the end of their trials. On the 25th of 
May, 1782, the barracks were destroyed by fire, as it appears by 
the copy of a letter to the governor of Havana. (See page 28; 
documents, page 29). 

Then the king, with the permission of the bishop, quartered his 
troops in the convent till he would have prepared another place for 
them. But his enemies did not give him time to put up another 
building. They had enough to defend themselves; for it was pre- 
cisely in this year, that Bowles caused such a disturbance round St. 
Augustine, that every one was in arms. The bishop had, there- 
fore, a good reason to allow him to occupy the convent for the 
time being; for the king could not hold that property v^ithout his 
consent. It was against the canon law, which is a constituent part 
of the Spanish code, and one of the strongest pillars of its throne, 
to which, therefore, the king was obliged to be true. Six councils 
had already inflicted severe punishments on those who would not 
respect church property, when, in the middle of the sixteenth cen- 
tury, the general council of Trent passed the following solemn and 
severe sentence, to which the king subscribed, and had it published 
from the pulpit of every parish church of his kinghom: 

" If any one, whosoever he may be, priest or layman, emperor or 
king, usurp any church property, cr anything relating to pious 
purposes, or deter the incomes thereof from their natural destina- 
tion, let him be under anathema till he will have restored them; 
and if he be the protector of that church, besides the aforesaid 
pains, let him be, by this self fact, deprived of his right of patron- 



• Note. — Besides these friars, others came and ocoupicdj with the former, the convent till 
1792, as it is proved by the afiidavit No. 2, page 27. 



43 [ 99 ] 

age. (Concilium triden. Sep. 22, chap. 11, See all the passage 
oage 32-33). 

At last the missionaries promised in 1791, on the 21st of May, 

arrived at St. Augustine in 1795. Two of them were to establish 

hemselves in the mission, and commence to found churches, one 

') St. John's river, and the othe ; at St. Mary's. (See a copy of 

e decree to be found in the real hacienda, page 32-33). 

rhey did visit the mission, and tried to fix themselves there; but 

th-: wagoner's war, or, as some c^ll it, the first Mcintosh war, which 

took place in 1795-6, did not leave them to carry on the plan of 

miner establishments. A part of their commission was, not to let 

the people of the country nr rry clandestinely, and so they did. 

(Se. 34-35). 

Many persons still living in this city have seen heard these mis- 
sionaries, who were Father Narriso, D. Miguel Crosby, Friar Mi- 
guel Wallis, and Friar McAfry Catalan, speaking the Minorcan 
language, in conformity with the request of the governor and the 
decree of 21st of May, 1791. 

Hence, the king of Spain, not considering himself the owner of 
that convent, never took a formal possession of it; and though it 
was in a very delapidated state, and unfit to be occupied, as it may 
be seen by the inventory made by Ramon de la Crus, in 1821, he 
never made there any repair, as fully appears by No. 5, of said 
inventory, which gives a description of all the building. 

Moreover, the king maintained, at his own expense, the free 
school kept by the friars, and furnished the church with whatever 
it was in need of. We are inclined to believe that it was on these 
conditions that the bishop allowed him to use the convent till he 
would have prepared another place for his troops. For these two 
last assertions, see affidavit No. 4, page 37. 

Bishop^ House or Ajicient Church. 

We read in the inventory made by Ramon de la Crus, the fol- 
lowing pharse. No. 16th: " By the square, block 23d, lot 164, was 
found the ancient church, of which nothing; remains but the place." 

On the 8th of February, 1827, Congress, deceived by a mistate- 
ment from the Episcopalian congregation, granted to them this lot 
in the following terms: "The old Episcopal church lot is hereby 
relinquished and confirmed to the incorporated Episcopal church 
of St. Augustine." Acts of Congress, 1827, February 8, chapter 
345, section 3d. 

Not only the lot claimed by that congregation did not belong to 
them, but their church itself is built on the ground formerly occu- 
pied by the house of the coadjutor bishop of Havana, who resided 
at St. Augustine, and discharged his duties as if he had been the 
bishop of Florida. We can still show the foundations of that 
house before the very door of the church; but the following war- 
ranted statement will prove both our rights and the mistake com- 
mitted by those who claimed that place as their own. 

In the year 1763, the British took possession of Florida, and the 



[99] 



44 



Catholics gave them the use of tbeir parochial church, the church of! 
our Lady of the Angels, which Ihey held till the year 1784. In the 
year 1764, Don Juan Jose Eligio de la Puente, appointed by the 
Count de Recha, governor of t .\e island of Cuba, sold this hou&f, 
in confidence and trust, as a private property belonging to t\ie 
Catholics, to Mr, John Gordon See the document, page 26, a:ad 
translation, page 27. 

Mr. Gordon let the British use it as a court-house, in 1784 it was 
given back to the very Rev. Thomas Hassett, and the Catliolics 
having then no church, St. Augustine's church was not finished, 
and that of our Lady of the Angers was no more fit for the divine 
service, they made a church of thac house by joining together two 
large rooms up stairs, and down stairs it was occupied, the i.orth- 
west by soldiers, as a guard-house, and the balance by the sexton 
Mr. Capo and his family, of which two members are still alive, 
Mrs. Raphaela Ortegas, and Antonio Capo, who can testify to the 
truth of this statement. 

At the end of 1797, in December, St. Augustine's church being 
completed, the Catholics made no use of that ancient church, which 
was falling down. The guard was removed by the hospital, and in 
the course of time the building was destroyed, and every one took 
a part of the materials when in need of; but the lot was, of course, 
always considered as church property. In 1821, it had t e fate of 
all the other property belonging to the Catholics, and in 1822 or 3, 
the Episcopalien congregation built a church on a part of that lot, 
and claimed the balance as their own, stating that it was the site 
of the ancient Episcopal church, and Congress granted it to them. 
See affidavit No. 5, page 37. 

Our Lady of the Milk. The great mission, or Topoqui Camp. 

Out of the gates of the city of St. Augustine, on a small creek, 
called in Spanish et Cano de la Leche, existed a church, dedicated 
to the blessed virgin Mary, under the title of our Lady of the Milk. 
See document, page 28, translation, page 29. 

Before we proceed any further, we must relate some circum- 
stances calculated to throw a great light on our narration, and show 
that we have an undisputable right on Topoqui camp, or the great 
mission. 

At an early period after the foundation of St. Augustine, say the 
historians, (see Ensayo Cronn. 1671. Torquemada monarquia Indi- 
ana V. 3. c.xx p. 550. John Lee William's, 1574, page 175,) the In- 
dians became very hostile to the Spaniards, and were determined to 
destroy them to tne last. The Franciscan frias were sent among 
them, and by the mildness of their manners, and by teaching them 
the art of civilized life, they acquired a complete ascendency over 
their minds. But above all, the Yamasees became their friends, 
and a part of them placed themselves near the barracks, another 
part in Tolomato, and the main body established their camp on a 
tract of land given to the missionaries. As their change was the 
conquest of religion, nothing but religion could render them kind 



,45 [99] 

aivi faithful to their new friends; -wJiilst therefore the father Bias 
Rorrigues de Montes was erecting Ine high cross of mission in the 
middle of the powerful camp of Topoqui, the children of the offi- 
cers and soldiers of his Catholic majesty were making collections 
amoig themselves, to help the missionary to build, in the same 
cam >, the church of Our Lady (\ ' the Milk. (From an authentic 
rec d in the real hacienda at Ha -tana.) 

I;, ihe year 17G4, the church of our Lady of the Milk was sold 
as p.ivate property, belonging to the Catholic congregation, by 
D. Joan Jose Eligio de la PuenU-, their attorney, to John Gordon, 
to ho^l it in trust and in confideace, till the Catholics could enjoy 
it. S^e document, pag« 24, translation, page 25. 

In 1776 or 1778, when the Catholic colony came from near Smyr- 
na, t.-vo families were allowed to cultivate this tract of land. Vil- 
lalon.,:a built a small house on the north side of the creek, and 
Anattisio Mabrumatez established himself on the south side of the 
creek. 

In 1784, it was given back, with the other places belongiijg to 
the church, to the very Rev. Thomas Hassett, pastor of the congre- 
gation and vicar general of the province, and it was used for Ca- 
tholic worship. See affidavit No. 6, page 38. 

During the disturbance, caused by an Englishman called Bowles, 
they used it as a guard-house, and in 1796 the Catholics took down 
that building, in order to finish, with its stone, the church of St. 
Augustine, which was blessed on the 8th of December, 1797. 

In the course of time, Anastasio Mabrumatez left the place, and 
Villalonga asked a written permission to cultivate the camp of 
Topoqui, so as not to be disturbed by any one; and it was always 
considered by all as a church property till 1821. After the cession 
of Florida, v illalonga sold his license of cultivating this tract of 
land to Mr. William G. Davis, to whom Congress gave it, on a 
simple application, in 1827. 

Many persons, still living, have seen and even entered this 
church, and the statue which represented the blessed virgin Mary, 
watching from that church over the camp of these new believers, 
in her son's divinity, is still to be seen at Havana, island of Cuba, 
in the convent of Saint Teresa. See affidavit No. 6, page 38. 



[99] ^6 

General Land Office, February 29, 184S 

Sir; I have the honor to return, herewith, certain papers whi:h 
you filed in this office, viz: Two memorials, one (A) from Brie- 
dict Madeore, vicar general of Florida, and pastor of the church of 
St. Augustine, the other (B) a meLaorial of the trustees and jaL-m- 
bers of the Catholic church of St. Augustine, accompanied b/ a 
document (C) embracing evidence in support of the memorial, w'lth 
a transcript (D) of the Spanish papers. 

The object of these memorials i.?, to obtain the restorati^u of 
certain property to the Catholic church, which, it is alleged was 
improperly conveyed to the United States ^at the cession ut" the 
Floridas by the treaty concluded in 1819, and ratified in 1821. In 
the memorial of the vicar general, it is stated, "that before and at 
the time of the cession of the Floridas to the United States of 
America," by the treaty of 1819, '' the Catholic church was the 
lawful and rightful owner of, 1. St. Augustine's church; 2. The 
convent of Saint Francis; 3. The bishop's house; and 4. The 
church of our Lady of the Milk," &c.; that "in the confusion 
which occurred upon the cession of the Floridas by Spain to the 
United States, a part of this church property was taken into the 
possession of other than the legal and equitable owners, and has so 
remained out of the possession of the Catholic body to the present 
time," &c.; and the memorialist prays for an act of Congress to 
'' provide for and direct the restoration of his church property, so 
wrongfully withheld, or make such other restitution therefor," as 
may seem meet and proper. 

Our East Florida reports exhibit the following claims of the Ro- 
man Catholic church, viz: 

No. 23. Being the claim of the wardens of the Roman Catholic 
church of St. Augustine, under Maria Evans, to a tract of 31| acres 
situated at a point called Esperanza, within the limits of the city 
of St. Augustine. 

No. 24. Being the claim of the wardens of the Roman Catholic 
church under Juana Hambert, for a lot of land in St. Augustine, on 
which the church and school-house stand. 

These two claims are entered on the report No. 8, dated 31st 
December, 1825, of the board of East Florida commissioners, and 
have been confirmed by that board. This report is found in Amer- 
ican state papers, public lands, D. Green, vol. 4, page 286, their 
general report on page 275, &c., and their proceedings in these 
cases on pages 298, 299, 496. 

This report was laid before the House of Representatives, with a 
letter of the 21st February, 1826, from the Secretary of the Treas- 
ury, (vol. 4, page 400;) and the favorable decisions of said com- 
missioners on claims under 3,500 acre&, have been confirmed by the 
1st section of the act of Congress, approved 8th February, 1827, 
entitled " An act to provide for the confirmation and settlement of 
private land claims in East Florida, and for other purposes, ia 
the 3d section of which it is provided that " the parochial church 
and burying-ground in possession of the Roman Catholic congre- 



47 [99] 

gation are confirmed to them, and ^he old Episcopal church lot is" 
thrreby ''relinquished and confirmed to the incorporated Episcopal 
ch irch of St. Augustine: provided always, that the grants in this 
se tion specified, shall forever enu.e to the purposes for which they 

f confirmed, and shall not oe alienated without the consent of 

tngress." 

I am unable to determiu,', from the data before me, whether 

rher of the aforesaid Nos. 23 or 24, is identical with any part of 

- premises referred to in the memorials. 

"he "parochial church and burying-ground," however, which are 
thv » confirmed by the 3d section of the act of 8th February, 1827, 
with a restriction, to ^he Roman Catholic congregation, arf? pre- 
sumed to embrace, " 1. Saint Augustine church," mentioned in the 
vicar general's memorial, (see document C, pages 1 and 2,) which 
premises are now claimed by^ the memorialists in absolute right, as 
" private property" under treaty.. The " old Episcopal church 
lot," relinquished, with a like restriction, by the said 3d section of 
the act of 8th February, 1827, to the "incorporated Episcopal 
church of St. Augustine," seems from the papers to be part of the 
premises referredto in the vicar general's memorial as "3. Bishop's 
house," and as held adversely to the Catholics. (See document C, 
pages 7, 8, and 30. 

In regard to the property now claimed in the memorials, I have 
further to state that I find no oflficial data or report in this office 
showing the precise extent and situation of the said property, nor 
the extent and nature of adverse interests on which to enable you 
to form an opinion on the merits of the present application, further 
than is indicated by the aforesaid act of 8th February, 1823, and 
the memorials and accompanying papers herewith. 

With great respect, your obedient servant, 

RICHARD M. YOUNG, 

Commissioner. 

Honorable H. Johnson, 

Senate United States. 



Hi*107 89 










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